us-irs-revenue-procedures-irb-2026-13-pdf•Internal Revenue Bulletin 2026-13 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2026-13 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2026-13-pdfInternal Revenue Bulletin 2026-13 (PDF rendition): IRS Revenue ProceduresGuidance
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Bulletin No. 2026–13 March 23, 2026 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. ADMINISTRATIVE Notice 2026-4, page 726. This notice request comments on whether the requirements that brokers currently must meet to furnish certain payee statements to their customers in an electronic format and thereafter be treated as timely furnishing these statements should be modified and, if so, what those modifications should be. This notice also requests comments on whether the Trea- sury Department and the IRS should modify the electronic furnishing requirements applicable to any persons other than brokers required to furnish other payee statements. REG-105064-25, page 735. These proposed regulations would enable brokers to furnish payee statements to their customers reflecting information reported to the IRS on Form 1099-DA, Digital Asset Pro- ceeds From Broker Transactions (1099-DA statements) in an electronic format in lieu of on paper pursuant to an optional process for obtaining the customer’s consent. Under this process, brokers would not be required to offer customers the choice of receiving the 1099-DA statements on paper (or the ability to withdraw previously provided consents for electronic furnishing) but instead could terminate their rela- tionship with customers that do not provide this consent. The proposed rules would, however, require brokers to meet certain enhanced electronic notice and delivery requirements and to provide customer access to the statements. REG-117002-25, page 761. The proposed regulations are to implement section 6434 of the Internal Revenue Code, enacted by Congress in Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act of 2025. Section 6434 authorizes the Secretary of the Treasury to make a one-time $1,000 pilot program contribution to the Trump account of an eligible child for whom a pilot program election is made. The proposed regulations provide guidance on the effects of making an election under section 6434 and the rules for the time and manner for making such election. EMPLOYEE PLANS REG-117270-25, page 772. The proposed regulations provide general requirements for a Trump account under section 530A and rules for making an election to open an initial Trump account and also reserve additional sections for further guidance on Trump accounts. INCOME TAX REG-108921-25, page 756. This document proposes to remove regulations identifying certain partnership related-party basis adjustment transac- tions and substantially similar transactions as transactions of interest, a type of reportable transaction. Rev. Proc. 2026-15, page 729. This revenue procedure provides: (1) two tables of limitations on depreciation deductions for owners of passenger auto- mobiles placed in service by the taxpayer during calendar year 2026; and (2) a table of dollar amounts that must be used to determine income inclusions by lessees of passen- ger automobiles with a lease term beginning in calendar year 2026. The tables detailing these depreciation limitations and amounts used to determine lessee income inclusions reflect the automobile price inflation adjustments required by sec- tion 280F(d)(7). For purposes of this revenue procedure, the term “passenger automobiles” includes trucks and vans. Rev. Proc. 2026-16, page 733. Generally, U.S. citizens or resident aliens living and working abroad are taxed on their worldwide income. However, if their tax home is in a foreign country and they meet either the bona fide residence test or the physical presence test, they can choose to exclude from their income a limited amount of their foreign earned income (up to $130,000 for 2025). Both the bona fide residence test and the physical presence test contain minimum time requirements. Reve- nue Procedure 2026-16 provides a waiver under section Finding Lists begin on page ii. 911(d)(4) for the time requirements for individuals electing to exclude their foreign earned income who must leave a for- eign country because of war, civil unrest, or similar adverse conditions in that country. Rev. Proc. 2026-16 adds Haiti, Ukraine, Democratic Republic of the Congo, South Sudan, Iraq, Lebanon, and Mali to the list of waiver countries for tax year 2025 for which the minimum time requirements are waived. The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of inter- nal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rul- ings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. March 23, 2026 Bulletin No. 2026–13 Part III Request for Comments on Electronic Furnishing of Certain Payee Statements Notice 2026-4 SECTION 1. PURPOSE The Department of the Treasury (Trea- sury Department) and the Internal Reve- nue Service (IRS) request comments on whether the requirements that brokers cur- rently must meet to furnish certain payee statements to their customers in an elec- tronic format and thereafter be treated as timely furnishing these statements should be modified and, if so, what those modifi- cations should be. This notice also requests comments on whether the Treasury Department and the IRS should modify the electronic furnish- ing requirements applicable to any per- sons other than brokers required to furnish other payee statements. SECTION 2. BACKGROUND .01 In General. Information reporting requirements under the Internal Revenue Code (Code) and regulations thereunder 1 generally require third parties with information about transactions affecting the taxable income of persons subject to U.S. tax to file information returns with the IRS to report those transactions along with cer- tain identifying information about such persons, including a taxpayer identifica- tion number (TIN). These information reporting requirements also require such third parties to furnish written statements (payee statements) to each person (payee) about whom an information return was filed showing the information that was reported to the IRS. These information reporting require- ments are important to voluntary tax com- pliance and effective tax administration. The information returns give taxpayers a record that can be used to help accurately calculate and report the taxpayers’ taxable transactions and deductions. The informa- tion returns also allow the IRS to compare the information reported to the IRS with tax returns filed by taxpayers whose iden- tifying number is shown on the informa- tion returns and enable the IRS to focus its resources on taxpayers who are more likely to have underreported their income. To enforce the timely compliance with these information reporting requirements, sections 6721 and 6722, respectively, impose penalties on these third parties for the failure to file timely correct infor- mation returns and the failure to furnish timely correct payee statements. Section 6724(d)(1) defines an information return for this purpose by cross-referencing vari- ous other sections of the Code that require the filing of information returns. Simi- larly, section 6724(d)(2) defines a payee statement by cross-referencing various other sections of the Code that require the furnishing of payee statements. Section 401 of the Job Creation and Worker Assistance Act of 2002 (JCWAA), Public Law 107-147, 116 Stat. 21 (March 9, 2002), permits the electronic furnishing of any payee statement required to be fur- nished under subpart B of part III of sub- chapter A of chapter 61 of the Code (that is, sections 6041 through 6050AA), if the payee consents to receive the statement in a manner similar to the one permitted by regulations under section 6051 or in such other manner as provided by the Secretary of the Treasury or the Secretary’s delegate (Secretary). Consequently, payee state- ments of this kind may be provided elec- tronically only if the payee provides con- sent in the manner provided by the section 6051 regulations or as otherwise provided by the Secretary. The Electronic Signatures in Global and National Commerce Act (E-SIGN Act), Public Law 106-229, 114 Stat. 464 (June 30, 2000), generally requires con- sumer consent and a demonstration that the consumer can receive materials elec- tronically before a person legally required to provide written disclosures can deliver such disclosures to that consumer elec- tronically. Because payee statements required under Code provisions are legally required written disclosures, payee state- ments under Code provisions other than sections 6041 through 6050AA may be provided electronically only if the payee provides consent in the manner provided by the E-SIGN Act. .02 Section 6051 Rules Permitting Electronic Furnishing of Payee Statements Prior to the enactment of the JCWAA, the Treasury Department and the IRS issued proposed and temporary regula- tions under section 6051. See TD 8942, 66 FR 10191 and REG-107186-00, 66 FR 10247 (February 14, 2001). The tem- porary and proposed regulations mirrored each other and generally required employ- ers to comply with specific notice and consent requirements before they could electronically furnish payee statements to employee-recipients on Forms W-2, Wage and Tax Statement. In 2004, the Treasury Department and the IRS published final regulations that generally retained the same notice and consent requirements. See TD 9114, 69 FR 7567 (February 18, 2004). Under § 31.6051-1(j)(1), an employer furnishing payee statements in an electronic format to employee-recipi- ents is treated as timely furnishing payee statements required by section 6051 if the employer complies with requirements for consent, disclosures, format, notice, access period, and consent withdrawal set forth in the regulations. (1) Consent. The section 6051 reg- ulations provide that a recipient must have affirmatively consented to receive the payee statement electronically and must not have withdrawn that consent before the statement is furnished. Under § 31.6051-1(j)(2)(i), the consent itself or, alternatively, the recipient’s confirmation of that consent, must be made electroni- cally in a manner that reasonably demon- strates that the recipient can access the statement in the electronic format in which it will be furnished to the recipient. Under § 31.6051-1(j)(2)(iii), a furnisher must 1 Unless otherwise specified, all “section” or “§” references are to sections of the Code, the Income Tax Regulations (26 CFR part 1), or to the Employment Taxes and Collection of Income Tax at Source Regulations (26 CFR part 31). March 23, 2026 726 Bulletin No. 2026–13 take certain actions, including obtaining from the recipient a new electronic con- sent or confirmation of consent to receive the statement electronically, if a change in the hardware or software needed to access a statement creates a material risk that the recipient will not be able to access the statement. (2) Required disclosures. Under § 31.6051-1(j)(3), prior to or at the time the recipient consents to receive a state- ment electronically, the furnisher must provide a clear and conspicuous statement to the recipient containing certain disclo- sures, including about the scope and dura- tion of consent, how to withdraw consent, and a description of the hardware and soft- ware required to access, print, and retain the Form W-2. (3) Format. Section 31.6051-1(j)(4) requires that the electronic version of a statement furnished to a recipient contain all required information and comply with applicable revenue procedures relating to substitute statements. The revenue pro- cedure relating to substitute statements is generally updated annually and is also reproduced as IRS Publication 1179, Gen- eral Rules and Specifications for Substi- tute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns. See Rev. Proc. 2025-22, 2025-30 I.R.B. 200, and Publication 1179 published July 21, 2025. (4) Notice . Under § 31.6051-1(j)(5)(i), if the statement is furnished on a website, the furnisher must notify the recipient that the statement is posted on the website. This notice may be delivered by mail, pri- vate delivery service, electronic mail, or in person and must provide instructions to the recipient on how to access and print the statement. Under § 31.6051-1(j)(5) (ii), if an electronic notice is returned as undeliverable, and the correct electronic address cannot be obtained, then the fur- nisher must furnish the notice by mail, private delivery service, or in person within 30 days after the electronic notice is returned. Under § 31.6051-1(j)(5)(iii), if a furnisher corrects a recipient’s state- ment, the furnisher must furnish the cor- rected statement electronically. If a fur- nisher later posts corrected statements on the website, the furnisher must notify the recipients of that posting within 30 days after the posting. (5) Access period. The section 6051 regulations generally require the furnisher to maintain access to the statements on the website through October 15 of the year following the calendar year to which the statements relate. In addition, under § 31.6051-1(j)(6), the furnisher gener- ally must maintain access to corrected statements that are posted on the website through October 15 of the year following the calendar year to which the statements relate or for 90 days after that posting, whichever is later. (6) Consent withdrawal. Section 31.6051-1(j)(2)(ii) provides the consent requirement is not satisfied if the recipi- ent withdraws the consent and the with- drawal takes effect before the statement is furnished. Under § 31.6051-1(j)(7), if a recipient withdraws consent to receive a statement electronically and the with- drawal takes effect before the statement is furnished electronically, a paper statement must be furnished. .03 Rules Permitting Electronic Fur- nishing for Other Payee Statements Section 4.6 of Publication 1179 pro- vides instructions for electronic delivery of certain recipient statements. Under these procedures, if a person is required to furnish a written statement (Copy B or an acceptable substitute) to a recipi- ent, the furnisher may furnish the state- ment electronically instead of on paper if the furnisher complies with the provi- sions in Sections 4.6.2 and 4.6.3 of Pub- lication 1179, which generally implement the requirements of § 31.6051-1(j) and applies those requirements to additional payee statements. .04 Rules Permitting Composite Payee Statements A composite payee statement is one in which two or more required payee state- ments (for example, payee statements associated with information reported to the IRS on Forms 1099-INT, Interest Income, and 1099-DIV, Dividends and Distributions) are furnished to the recip- ient on one document. Section 1.6045-1(k)(3)(i) permits bro- kers to include information reported to the IRS on Form 1099-B, Proceeds from Bro- ker and Barter Exchange Transactions, on a payee statement that is combined with additional payee statements reflect- ing information reported to the IRS on certain other forms (Form 1099-B com- posite statement) as long as the additional payee statements are all based on the same relationship of broker to customer as the statement reflecting the information reported on Form 1099-B. Section 4.2 of Publication 1179 provides that a Form 1099-B composite statement is permitted for reportable payments consisting of the proceeds of brokerage and barter transac- tions, dividends, interest, original issue discount, patronage dividends, and roy- alties. Section 4.2.1 of Publication 1179 lists the following forms as permitted to be included on a Form 1099-B composite statement, when one broker is reporting more than one of these payments during a calendar year to the same payee statement recipient: • Form 1099-B • Form 1099-DA • Form 1099-DIV (except for section 404(k) dividends) • Form 1099-INT (except for interest reportable under section 6041) • Form 1099-MISC, Miscellaneous Information (only for royalties or substitute payments in lieu of divi- dends and interest) • Form 1099-OID, Original Issue Dis- count • Form 1099-PATR, Taxable Distribu- tions Received From Cooperatives • Form 1099-S, Proceeds from Real Estate Transactions (only for royal- ties) A broker may not include any other payee statements reflecting information reported to the IRS on other Forms 1099 on a Form 1099-B composite statement. .05 Proposed Rules Permitting Elec- tronic Furnishing of 1099-DA Statements Section 6045 and the regulations there- under generally require brokers to file information returns with respect to sales of digital assets and certain other trans- actions effected by the broker on behalf of each customer. The information is required to be filed with the IRS on Form 1099-DA, Digital Asset Proceeds From Broker Transactions. Because transac- tions involving digital assets are primarily conducted electronically and digital asset customers therefore are accustomed, and may expect, to communicate with their brokers solely in electronic form, the Treasury Department and the IRS rec- Bulletin No. 2026–13 727 March 23, 2026 March 23, 2026 728 Bulletin No. 2026–13 ognize that furnishing payee statements relating to digital asset transactions in paper form could impose potentially sig- nificant compliance burdens on brokers without providing corresponding benefits to customers. To that end, the Treasury Department and the IRS are publishing proposed reg- ulations in the Federal Register 91 FR 10983 that would provide brokers required to furnish payee statements to their cus- tomers reflecting information reported to the IRS on Form 1099-DA (1099-DA statements) with an optional alternative process for obtaining consent from these customers to receive these statements in an electronic format in lieu of on paper. These proposed rules differ from the cur- rent rules under section 6051 to take into account that the relationship between the broker and the customer may be entirely in electronic form, and to enhance the likelihood that the customer is aware of and accesses the 1099-DA statement. SECTION 3. REQUEST FOR COMMENTS .01 Electronic Furnishing of State- ments Includable on Form 1099-B Com- posite Statements The Treasury Department and the IRS have received comments asserting that the current rules requiring payee statements to be furnished on paper if the statement recipient does not affirmatively consent (or withdraws a previously provided con- sent) to receiving the statement electron- ically are impractical and impose undue burdens on furnishers. The Treasury Department and the IRS are aware that in addition to furnishers experiencing these burdens, recipients have become increas- ingly able to access electronically fur- nished payee statements. Compared to the early 2000s, most U.S. adults today say they use the internet (95%), have a smart- phone (90%), or subscribe to high-speed internet at home (80%). 2 Accordingly, it is likely that many customers would be fully capable of accessing electronically furnished payee statements. At the same time, there may be customers whose facil- ity with using a smartphone or computer is limited and who prefer to receive import- ant documents in paper form. The Treasury Department and the IRS are considering modifying current guid- ance setting forth the requirements that must be met before brokers can electroni- cally furnish 1099-B statements and other payee statements that can be included on Form 1099-B composite statements. Accordingly, this notice requests com- ments on how the rules permitting brokers to electronically furnish payee statements that can be included on a Form 1099-B composite statement can be modified to reduce burden while ensuring all recip- ients are able to access the payee state- ments. In particular, the Treasury Department and the IRS invite comments on how cus- tomers who do not communicate with their brokers solely through electronic means would be able to access these elec- tronically furnished payee statements. In addition, comments are requested on the extent to which the customer population that receives payee statements includable on Form 1099-B composite statements is different from the customer population that will receive 1099-DA statements, and whether those differences should affect the consent rules applicable to electronic furnishing. For example, a customer that transacts electronically, or whose advisor transacts electronically, may still prefer to receive 1099-B statements or other broker payee statements in paper form or may find it difficult to access payee state- ments provided in electronic form, poten- tially including elderly customers or per- sons with disabilities. Comments should address how modifications to the current rules would maintain adequate procedures to ensure that customers actually receive these important communications in a manner that they can use. Currently, Form 1099-MISC payee statements reporting rewards such as those received by customers as a result of staking digital assets that use a proof-of- stake validation model cannot be included in 1099-B composite statements because they are not included in Section 4.2.1 of Publication 1179. The Treasury Depart- ment and the IRS are aware some custom- ers will receive these Form 1099-MISC payee statements for staking rewards as well as 1099-B composite statements from the same broker. Accordingly, the Treasury Department and the IRS also request comments on whether the list of forms permitted to be included on 1099-B composite statements should be updated to include Form 1099-MISC for staking rewards. .02 Electronic Furnishing of Other Statements The Treasury Department and the IRS have also received requests to expand the ability of other parties responsible for fil- ing information returns (for example, pay- ers and withholding agents) to electroni- cally furnish payee statements and similar documents not permitted under current guidance to be furnished electronically to recipients. 3 The Treasury Department and the IRS invite comments discussing whether (and how) the rules governing the electronic furnishing of any other payee statements required under sections 6041 through 6050AA should be revised. This notice requests comments on the nature of the recipient base for such payee statements, how filers currently communicate with those recipients and provide any other required disclosures, whether directly or through third-party service providers, and the extent to which such payee statements are currently provided in paper versus electronic form. The Treasury Department and the IRS also request comments on the extent to which recipients of such payee statements have demonstrated either com- fort with electronic payee statements or a preference for payee statements in paper form, and any issues filers have experi- enced when furnishing these statements in either format that would be alleviated or exacerbated if the other format were used. Similarly, the Treasury Department and the IRS also request comments from taxpayers who receive these payee state- 2 See Pew Research Center, Americans’ Use of Mobile Technology and Home Broadband, https://www.pewresearch.org/internet/2024/01/31/americans-use-of-mobile-technolo- gy-and-home-broadband/ (accessed March 4, 2026). 3 See e.g., Information Reporting Program Advisory Committee Comments on Notice 2014-18 on Items for 2014-15 Priority Guidance Plan, Comment ID IRS-2014-0011-0028, available at: https://www.regulations.gov. Bulletin No. 2026–13 729 March 23, 2026 ments on any issues they have encoun- tered receiving these payee statements in either paper or electronic form. Com- ments are also requested on how to ensure that recipients have validly consented to receipt of payee statements in electronic form. Finally, comments are requested on how best to mitigate burdens on filers of those payee statements and the benefits to filers of more readily obtaining and main- taining consent to provide payee state- ments in electronic form. This notice also requests comments on the electronic furnishing of payee statements required by other sections of the Code. In addition to the comments requested in the previous paragraph, the Treasury Department and the IRS spe- cifically request comments addressing how any recommended changes to the electronic furnishing rules for these other payee statements would be consistent with the E-SIGN Act. Finally, the Treasury Department and the IRS invite comments on whether there are any circumstances under which it would be inappropriate to change the existing notice and consent requirements for electronic furnishing of payee state- ments. SECTION 4. ADDRESSES TO SEND COMMENTS Written comments should be submitted by May 23, 2026. Consideration will be given, however, to any written comment submitted after May 23, 2026, if such consideration will not delay the issuance of guidance. The subject line for the com- ments should include a reference to Notice 2026-4. Comments may be submitted in one of two ways: (1) Electronically via the Federal eRulemaking Portal at https:// www. regulations.gov (type IRS-2026- 0067) in the search field on the reg- ulations.gov homepage to find this notice and submit comments). (2) Send paper submissions to: Inter- nal Revenue Service, CC:PA:01:PR (Notice 2026-4), Room 5503, P.O. Ben Franklin Station, Washington, DC 20044. All commenters are strongly encour- aged to submit comments electronically. The Treasury Department and the IRS will publish for public availability any comment submitted electronically, or on paper, to its public docket on https:// www.regulations.gov. SECTION 5. DRAFTING INFORMATION The principal author of this notice is the Office of the Associate Chief Counsel (Procedure & Administration). For further information regarding this notice, please call (202) 317-3400 (not a toll-free num- ber). 26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of correct tax liability. (Also Part I, §§ 280F; 1.280F-7.) Rev. Proc. 2026-15 SECTION 1. PURPOSE This revenue procedure provides: (1) two tables of limitations on depreciation deductions for owners of passenger auto- mobiles placed in service by the taxpayer during calendar year 2026; and (2) a table of dollar amounts that must be used to determine income inclusions by lessees of passenger automobiles with a lease term beginning in calendar year 2026. These tables reflect the automobile price infla- tion adjustments required by § 280F(d)(7) of the Internal Revenue Code (Code). 1 For purposes of this revenue procedure, the term “passenger automobiles” includes trucks and vans. SECTION 2. BACKGROUND .01 For owners of passenger automo- biles, § 280F(a) imposes dollar limitations on the depreciation deduction for the year the taxpayer places the passenger auto- mobile in service and for each succeeding year. For passenger automobiles placed in service after 2018, § 280F(d)(7) requires the Internal Revenue Service to increase the amounts allowable as depreciation deductions by a price inflation adjustment amount that is determined using the auto- mobile component of the Chained Con- sumer Price Index for All Urban Consum- ers published by the Department of Labor (C-CPI-U). .02 Section 168(k), as amended by Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA), applies to property acquired and placed in service after January 19, 2025. 2 Section 168(k) (1), as amended by the OBBBA, allows an additional first year depreciation deduc- tion under § 167(a) equal to 100 percent of the property’s adjusted basis for the taxable year in which qualified property, as defined in § 168(k)(2), is placed in ser- vice. Section 168(k), as in effect prior to amendment by the OBBBA (former § 168(k)), applies to property acquired after September 27, 2017, and before January 20, 2025, which is placed in service before January 1, 2027. Former section 168(k) (1) provides that the § 168(k) additional first year depreciation deduction is equal to the applicable percentage of the prop- erty’s adjusted basis. Pursuant to former § 168(k)(6)(A), the applicable percentage is 100 percent for qualified property placed in service after September 27, 2017, and before January 1, 2023, and is phased down 20 percent each year thereafter for property placed in service through Decem- ber 31, 2026. Accordingly, the applicable percentage for qualified property acquired after September 27, 2017, and before January 20, 2025, and placed in service during calendar year 2026 is 20 percent. For qualified property acquired and placed in service after September 27, 2017, § 168(k)(2)(F)(i) increases the first- year depreciation allowed under § 280F(a) (1)(A)(i) by $8,000. .03 Tables 1 and 2 of this revenue pro- cedure provide depreciation limitations for 1 Unless otherwise specified, all “section” or “§” references are to sections of the Code or the Income Tax Regulations (26 CFR part 1). 2 See section 70301(c) of the OBBBA. In determining whether property is acquired after January 19, 2025, for purposes of section 70301(c) of the OBBBA, the taxpayer applies rules consis- tent with §§ 1.168(k)-2(b)(5) and 1.1502-68(a) through (d). See section 3.03 of Notice 2026-11, 2026-6 I.R.B. 491. March 23, 2026 730 Bulletin No. 2026–13 passenger automobiles placed in service by the taxpayer during calendar year 2026. Table 1 provides depreciation limitations for passenger automobiles acquired by the taxpayer after September 27, 2017, and placed in service by the taxpayer during calendar year 2026, for which the § 168(k) additional first year depreciation deduc- tion applies. The depreciation limitations in Table 1 apply regardless of whether the § 168(k) additional first year depreciation deduction is allowed under former § 168(k) or § 168(k) as amended by the OBBBA. Table 2 provides depreciation limitations for passenger automobiles placed in ser- vice by the taxpayer during calendar year 2026 for which no § 168(k) additional first year depreciation deduction applies. The § 168(k) additional first year depreciation deduction does not apply for 2026 if the taxpayer: (1) did not use the passenger automobile during 2026 more than 50 per- cent for business purposes; (2) elected out of the § 168(k) additional first year depre- ciation deduction pursuant to § 168(k) (7) for the class of property that includes passenger automobiles; (3) acquired a used passenger automobile and the acquisition of such property did not meet the acqui- sition requirements in § 168(k)(2)(E) and § 1.168(k)-2(b)(3)(iii) of the Income Tax Regulations; 3 or (4) acquired the passenger automobile before September 28, 2017. .04 Section 280F(c)(2) requires a reduction to the amount allowable as a deduction to the lessee of a leased passen- ger automobile. Pursuant to § 280F(c)(3), the reduction must be substantially equiv- alent to the limitations on the depreciation deductions imposed on owners of passen- ger automobiles. Under § 1.280F-7(a), this reduction is accomplished by requiring the lessee to include in gross income an amount determined by applying a formula to a dollar amount obtained from a table. .05 Table 3 of this revenue procedure provides the dollar amount used by les- sees of passenger automobiles with a lease term beginning in 2026 to determine the income inclusion amount for those pas- senger automobiles. The table provides dollar amounts for a range of passenger automobile fair market values. SECTION 3. SCOPE .01 The limitations on depreciation deductions in Tables 1 and 2 in section 4.01(2) of this revenue procedure apply to passenger automobiles, other than leased passenger automobiles, that are placed in service by the taxpayer in calendar year 2026 and continue to apply for each tax- able year that the passenger automobile remains in service. .02 The dollar amounts in Table 3 of this revenue procedure apply to leased passenger automobiles with a lease term beginning in calendar year 2026 and con- tinue to apply for each taxable year during the lease. .03 For other recent calendar years, see Rev. Proc. 2021-31, 2021-34 I.R.B. 324, for passenger automobiles placed in ser- vice or leased during calendar year 2021; Rev. Proc. 2022-17, 2022-13 I.R.B. 930, for passenger automobiles placed in ser- vice or leased during calendar year 2022; Rev. Proc. 2023-14, 2023-6 I.R.B. 466, for passenger automobiles placed in ser- vice or leased during calendar year 2023; Rev. Proc. 2024-13, 2024-9 I.R.B. 678, for passenger automobiles placed in ser- vice or leased during calendar year 2024; and Rev. Proc. 2025-16, 2025-11 I.R.B. 1100, for passenger automobiles placed in service or leased during calendar year 2025. SECTION 4. APPLICATION .01 Limitations on Depreciation Deductions for Certain Automobiles. (1) Amount of the inflation adjustment. Under § 280F(d)(7)(B)(i), the automobile price inflation adjustment for any calendar year is the percentage (if any) by which the C-CPI-U automobile component for Octo- ber of the preceding calendar year exceeds the automobile component of the CPI (as defined in § 1(f)(4)) for October of 2017, multiplied by the amount determined under § 1(f)(3)(B). The amount deter- mined under § 1(f)(3)(B) is the amount obtained by dividing the new vehicle component of the C-CPI-U for calendar year 2016 by the new vehicle component of the CPI for calendar year 2016, where the C-CPI-U and the CPI for calendar year 2016 means the average of such amounts as of the close of the 12-month period end- ing on August 31, 2016. Section 280F(d) (7)(B)(ii) defines the term “C-CPI-U automobile component” as the automo- bile component of the Chained Consumer Price Index for All Urban Consumers as described in § 1(f)(6). The product of the October 2017 CPI new vehicle com- ponent (144.868) and the amount deter- mined under § 1(f)(3)(B) (0.694370319) is 100.592. The new vehicle component of the C-CPI-U released in December 2025 was 124.199 for October 2025. The October 2025 C-CPI-U new vehicle com- ponent exceeded the product of the Octo- ber 2017 CPI new vehicle component and the amount determined under § 1(f)(3)(B) by 23.607 (124.199 - 100.592). The per- centage by which the C-CPI-U new vehi- cle component for October 2025 exceeds the product of the new vehicle component of the CPI for October of 2017 and the amount determined under § 1(f)(3)(B) is 23.468 percent (23.607/100.592 x 100%), the automobile price inflation adjustment for 2026 for passenger automobiles. The dollar limitations in § 280F(a) are there- fore multiplied by a factor of 0.23468, and the resulting increases, after rounding to the nearest $100, are added to the 2018 limitations to give the depreciation limita- tions applicable to passenger automobiles for calendar year 2026. This adjustment applies to all passenger automobiles that are placed in service in calendar year 2026. (2) Amount of the limitation. Tables 1 and 2 of this revenue procedure contain the depreciation limitation for each taxable year for passenger automobiles a taxpayer placed in service during calendar year 2026. Use Table 1 for a passenger automo- bile to which the § 168(k) additional first year depreciation deduction applies that is acquired by the taxpayer after Septem- ber 27, 2017, and placed in service by the taxpayer during calendar year 2026. The depreciation limitations in Table 1 apply regardless of whether the § 168(k) addi- tional first year depreciation deduction is 3 For a used passenger automobile acquired after January 19, 2025, the taxpayer applies rules consistent with the rules in § 1.168(k)-2(b)(3)(iii) to determine if the property meets the acqui- sition requirements in § 168(k)(2)(E). See section 3.02 of Notice 2026-11, 2026-6 I.R.B. 491. Bulletin No. 2026–13 731 March 23, 2026 allowed under former § 168(k) or § 168(k) as amended by the OBBBA. Use Table 2 for a passenger automobile placed in ser- vice by the taxpayer during calendar year 2026 for which no § 168(k) additional first year depreciation deduction applies. REV. PROC. 2026-15 TABLE 1 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES ACQUIRED AFTER SEPTEMBER 27, 2017, AND PLACED IN SERVICE DURING CALENDAR YEAR 2026, FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax YearAmount 1st Tax Year$ 20,300 2nd Tax Year$ 19,800 3rd Tax Year$ 11,900 Each Succeeding Year$ 7,160 REV. PROC. 2026-15 TABLE 2 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES PLACED IN SERVICE DURING CALENDAR YEAR 2026 FOR WHICH NO § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax YearAmount 1st Tax Year$ 12,300 2nd Tax Year$ 19,800 3rd Tax Year$ 11,900 Each Succeeding Year$ 7,160 .02 Inclusions in Income of Lessees of Passenger Automobiles. A taxpayer must follow the procedures in § 1.280F-7(a) for determining the inclu- sion amounts for passenger automobiles with a lease term beginning in calendar year 2026. In applying these procedures, lessees of passenger automobiles should use Table 3 of this revenue procedure. March 23, 2026 732 Bulletin No. 2026–13 REV. PROC. 2026-15 TABLE 3 DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2026 Fair Market Value of Passenger Automobile Over Fair Market Value of Passenger Automobile Not Over 1 st Tax Year During Lease 2 nd Tax Year During Lease 3 rd Tax Year During Lease 4 th Tax Year During Lease 5 th Tax Year During Lease & Later $62,000$64,000815212527 64,00066,0001938566676 66,00068,000296291108123 68,00070,0004086125149172 70,00072,00051109160191220 72,00074,00061133195232268 74,00076,00072156230274316 76,00078,00083179265316364 78,00080,00093203299358412 80,00085,000112244360431496 85,00090,000139302447535617 90,00095,000166361534639737 95,000100,000192420621743858 100,000110,0002325077529001,038 110,000120,0002866249261,1081,279 120,000130,0003397421,0991,3171,520 130,000140,0003928591,2731,5261,760 140,000150,0004469761,4471,7342,001 150,000160,0004991,0931,6211,9432,242 160,000170,0005531,2101,7952,1512,483 170,000180,0006061,3281,9682,3602,723 180,000190,0006591,4452,1422,5692,964 190,000200,0007131,5622,3162,7773,205 200,000210,0007661,6792,4902,9863,445 210,000220,0008201,7962,6643,1943,686 220,000230,0008731,9132,8383,4033,927 230,000240,0009262,0313,0123,6104,168 240,000250,0009802,1483,1853,8204,408 250,000260,0001,0332,2653,3604,0274,650 260,000270,0001,0862,3823,5344,2364,890 270,000280,0001,1402,4993,7084,4445,131 280,000290,0001,1932,6173,8814,6535,372 $290,000$300,0001,2472,7334,0564,8625,612 300,000310,0001,3002,8514,2295,0705,854 310,000320,0001,3532,9684,4035,2796,094 320,000330,0001,4073,0854,5775,4876,335 330,000340,0001,4603,2024,7515,6966,576 340,000350,0001,5143,3194,9255,9046,817 Bulletin No. 2026–13 733 March 23, 2026 Fair Market Value of Passenger Automobile Over Fair Market Value of Passenger Automobile Not Over 1 st Tax Year During Lease 2 nd Tax Year During Lease 3 rd Tax Year During Lease 4 th Tax Year During Lease 5 th Tax Year During Lease & Later 350,000360,0001,5673,4375,0986,1137,057 360,000370,0001,6203,5545,2736,3217,298 370,000380,0001,6743,6715,4466,5307,539 380,000390,0001,7273,7885,6216,7387,779 390,000400,0001,7813,9055,7946,9478,020 400,000410,0001,8344,0225,9697,1558,261 410,000420,0001,8874,1406,1427,3648,501 420,000430,0001,9414,2576,3167,5728,742 430,000440,0001,9944,3746,4907,7818,983 440,000450,0002,0474,4916,6647,9909,223 450,000460,0002,1014,6086,8388,1989,464 460,000470,0002,1544,7267,0118,4079,705 470,000480,0002,2084,8437,1858,6159,946 480,000490,0002,2614,9607,3598,82410,186 490,000500,0002,3145,0777,5339,03310,427 500,000and over2,3685,1947,7079,24110,668 SECTION 5. EFFECTIVE DATE This revenue procedure applies to passenger automobiles placed in service during calendar year 2026 or with a lease term beginning in calendar year 2026. SECTION 6. DRAFTING INFORMATION The principal authors of this notice are personnel from the Office of Associate Chief Counsel (Income Tax and Account- ing). For further information regarding this revenue procedure, please contact the Office of the Associate Chief Counsel (Income Tax and Accounting), Branch 7, at (202) 317-7005 (not a toll-free number). 26 CFR 1.911-2: Qualified Individuals. (Also: Part I, § 911.) Rev. Proc. 2026-16 SECTION 1. PURPOSE This revenue procedure provides infor- mation to any individual who failed to meet the eligibility requirements of sec- tion 911(d)(1) of the Internal Revenue Code (Code) for 2025 because of adverse conditions in a foreign country. SECTION 2. BACKGROUND .01 Section 911 allows a “qualified individual,” as defined in section 911(d) (1), to elect to exclude from gross income the foreign earned income and to exclude or deduct the housing cost amount of such individual. .02 Section 911(d)(1) of the Code defines the term “qualified individual” as an individual whose tax home is in a for- eign country and who is (A) a citizen of the United States and establishes to the satis- faction of the Secretary of the Treasury that the individual has been a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire taxable year, or (B) a citizen or resident of the United States who, during any period of 12 consecutive months, is present in a foreign country or countries during at least 330 full days. .03 In addition, section 911(d)(4) of the Code provides that an individual will be treated as a qualified individual with respect to a period in which the individual was a bona fide resident of, or was present in, a foreign country if the individual left the country during a period for which the Secretary of the Treasury, after consulta- tion with the Secretary of State or their delegate, determines that individuals were required to leave because of war, civil unrest, or similar adverse conditions that precluded the normal conduct of business. An individual must establish that but for those conditions the individual could rea- sonably have been expected to meet the eligibility requirements. .04 The Internal Revenue Service pre- viously has listed countries for which the eligibility requirements of section 911(d) (1) of the Code are waived under section 911(d)(4) because of adverse conditions in those countries. See Rev. Proc. 2025-17, 2025-13 I.R.B. 1382. SECTION 3. SCOPE .01 For 2025, the Secretary of the Trea- sury, in consultation with the Secretary of State, has determined that war, civil unrest, or similar adverse conditions pre- cluded the normal conduct of business in the following countries beginning on the specified date: March 23, 2026 734 Bulletin No. 2026–13 Country Date of Departure On or After Haiti January 1, 2025 Ukraine January 1, 2025 Democratic Republic of the Congo January 28, 2025 South Sudan March 7, 2025 Iraq June 11, 2025 Lebanon June 22, 2025 Mali October 30, 2025 For example, for purposes of section 911 of the Code, an individual who left Haiti on or after January 1, 2025, will be treated as a qualified individual with respect to the period during which that individual was a bona fide resident of, or was present in, Haiti if the individual establishes a reasonable expectation that he or she would have met the requirements of section 911(d) but for those conditions. .02 To qualify for relief under section 911(d)(4) of the Code, an individual must have established residency, or have been physically present, in the foreign country on or before the date that the Secretary of the Treasury determines that individuals were required to leave the foreign coun- try. For example, individuals who first established residency or were physically present in Haiti after January 1, 2025, are not eligible to qualify for the exception provided in section 911(d)(4) of the Code for 2025. SECTION 4. APPLICATION A taxpayer who needs assistance on how to claim this exclusion, or on how to file an amended return, should consult the foreign earned income exclusion topic at https://www.irs.gov/individuals/inter- national-taxpayers/foreign-earned-in- come-exclusion or contact a local IRS office. SECTION 5. DRAFTING INFORMATION The principal author of this revenue procedure is Kate Y. Hwa of the Office of Associate Chief Counsel (International). For further information regarding this revenue procedure, contact Ms. Hwa on (202) 317-5001 (not a toll-free call). Bulletin No. 2026–13 735 March 23, 2026 Part IV Notice of Proposed Rulemaking Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers REG-105064-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document contains proposed regulations that would provide digital asset brokers that are required to furnish to their customers written state- ments reflecting information provided to the IRS with respect to digital asset sale transactions with an alternative process for obtaining consent from their custom- ers to receive these statements in an elec- tronic format without offering a paper delivery alternative. DATES: Written or electronic comments and requests for a public hearing must be received by May 5, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically. Submit electronic submis- sions via the Federal eRulemaking Portal at https://www.regulations.gov (indicate IRS and REG-105064-25) by following the online instructions for submitting com- ments. Requests for a public hearing must be submitted as prescribed in the “Com- ments and Requests for a Public Hearing” section of this preamble. Once submitted to the Federal eRulemaking Portal, com- ments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish any comments submitted electronically or on paper to the public docket. Send paper submissions to: CC:PA:01:PR (REG- 105064-25), Room 5503, Internal Reve- nue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Roseann Cutrone of the Office of the Associate Chief Counsel (Proce- dure and Administration) at (202) 317- 6844 (not a toll-free number); concerning submissions of comments and requests to participate in the public hearing, the Pub- lications and Regulations Section at (202) 317-6901 (not a toll-free number) or by sending an email to publichearings@irs. gov (preferred). SUPPLEMENTARY INFORMATION: Authority This document contains proposed reg- ulations that would amend regulations under section 6045 of the Internal Revenue Code (Code). Section 6045(a) provides authority to the Secretary of the Treasury or the Secretary’s delegate (Secretary) to require every person doing business as a broker to file an information return in accordance with such regulations as the Secretary may prescribe. Section 6045(a) further provides that such information return must show the name and address of each customer, and details regarding gross proceeds and such other information as the Secretary may by forms or regulations require with respect to such business. The Secretary is further authorized under sec- tion 401 of the Job Creation and Worker Assistance Act of 2002 (JCWAA), Pub- lic Law 107-147, 116 Stat. 21 (March 9, 2002) to provide the manner of consent for a recipient to receive electronic payee statements. 1 These proposed regulations are also issued under the express delega- tion of authority under section 7805 of the Code, which directs the Secretary to pre- scribe all needful rules and regulations for the enforcement of the Code. Background Under section 6045 and the regula- tions thereunder, brokers are required to make a return of information regarding certain digital asset sale transactions to the IRS and furnish payee statements to the person whose identifying number is (or is required to be) shown on Form 1099-DA, Digital Asset Proceeds From Broker Transactions. 2 The existing rules generally applicable to brokers furnishing payee statements require brokers to obtain consent from their customers before the brokers can satisfy their furnishing obli- gation with an electronically furnished payee statement. The existing rules also require brokers to furnish payee state- ments on paper to any customer that does not consent to receiving electronically fur- nished statements or that withdraws a pre- viously provided consent. These proposed regulations would provide brokers with an alternative process for obtaining consent from their customers to receive 1099-DA statements in an electronic format. Unlike the existing rules, these proposed regula- tions would generally not require brokers to furnish the 1099-DA statements on paper to any customer that does not con- sent to receiving these statements elec- tronically but, instead, would specifically permit brokers to terminate their business relationship with these customers. Addi- tionally, these proposed regulations would not require brokers to give their customers the ability to withdraw a previously pro- vided consent. 1 General references in these proposed regulations to payee statements refer to written statements required to be furnished under any information reporting provision under subpart B of part III of subchapter A of chapter 61 of the Code. A person required to furnish such a payee statement generally is referred to as a furnisher. A person required to be furnished the payee statement generally is referred to as a recipient. 2 A payee statement reflecting information required by section 6045 and the regulations thereunder to be reported on Form 1099-DA is referred to in this preamble as a 1099-DA statement. A payee statement reflecting information required by section 6045 and the regulations thereunder to be reported on Form 1099-B, Gross Proceeds From Broker Transactions, is referred to in this preamble as a 1099-B statement. A person required to furnish a 1099-B statement or a 1099-DA statement is referred to as a broker. A person required to be furnished a 1099-B statement or a 1099-DA statement is referred to herein as a customer. March 23, 2026 736 Bulletin No. 2026–13 I. Information Reporting by Brokers Under Section 6045 Section 6045 and the regulations there- under generally require brokers to file information returns with the IRS with respect to certain transactions, includ- ing sales of digital assets, effected by the broker on behalf of each customer. Bro- kers required to make these returns must include identifying information of the cus- tomer, such as the customer’s name and tax identification number (TIN), and such other relevant information, including the gross proceeds from the transaction, as the Secretary may require by forms or regula- tions. In certain circumstances, the returns must also include the customer’s adjusted basis in the assets sold. Brokers must use either Form 1099-B or Form 1099-DA as appropriate to provide this information to the IRS. Under section 6045(b) and §1.6045- 1(k)(1), a broker (which, where applica- ble includes a barter exchange) making a return of information under section 6045 must furnish either a 1099-B statement or a 1099-DA statement to the broker’s cus- tomer showing the information required to be reported to the IRS as well as a leg- end stating that the information is being reported to the IRS. Under §1.6045-1(k) (1), a payee statement is considered to be furnished to the broker’s customer if it is mailed to the customer at the last address of the customer known to the broker. A separate 1099-B statement or 1099-DA statement must be furnished to the cus- tomer for each sale transaction effected for that customer during the calendar year. Brokers may furnish these payee state- ments to customers using Copy B of the official Form 1099 or an acceptable sub- stitute statement if it contains the same information as the official IRS form. See section 4.1.2 of Rev. Proc. 2025-22, 2025- 30 I.R.B. 200 (July 21, 2025), which is published as IRS Publication 1179, Gen- eral Rules and Specifications for Substi- tute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns (Pub- lication 1179). Section 6045(b) requires brokers to furnish payee statements to their custom- ers on or before February 15 of the year following the calendar year for which the return was required to be made. In certain circumstances, filers reporting more than one type of payment during a calendar year with respect to the same customer may furnish a combined payee statement (called a consolidated reporting statement) to that customer that combines different types of payments on the same statement. Section 6045(b) and §1.6045- 1(k)(3)(ii) extend the due date for furnish- ing statements that are furnished with the consolidated reporting statement from the due date set forth in the Code for such other payee statements (generally on or before January 31 of a calendar year) to February 15 of that year. The regulations permit this combination of statements on a consolidated reporting statement only if the statements are based on the same relationship of broker to customer as the statement required to be furnished under section 6045. See §1.6045-1(k) (3)(i). Section 4.2.1 of Publication 1179 provides that 1099-DA statements may be combined (in a consolidated state- ment that Publication 1179 refers to as a composite recipient statement) only with income reported on the following forms: Form 1099-B, Form 1099-DIV, Dividends and Distributions (except for section 404(k) dividends), Form 1099- INT, Interest Income (except for interest reportable under section 6041), Form 1099-MISC, Miscellaneous Information (only for royalties or substitute payments in lieu of dividends and interest), Form 1099-OID, Original Issue Discount, Form 1099-PATR, Taxable Distributions Received From Cooperatives, and Form 1099-S, Proceeds From Real Estate Transactions (only for royalties). Section 4.2.1 of Publication 1179 does not permit brokers to include any other payee state- ment on a composite recipient statement with a 1099-DV statement. Section 6722 of the Code imposes a penalty for any failure to furnish a payee statement, including a payee statement required by section 6045, on or before the required furnishing date to the person to whom such statement is required to be fur- nished, and for any failure to include all the information required to be shown on the payee statement or for the inclusion of incorrect information on that payee state- ment. Section 6724 provides that no penalty shall be imposed under section 6722 if the filer (payor) shows that the failure was due to reasonable cause and was not due to willful neglect. II. Current Rules Permitting Electronic Furnishing of Payee Statements Section 401 of the JCWAA provides that any person required to furnish a payee statement under certain information reporting provisions (including section 6045) of the Code “may electronically furnish such statement . . . to any recip- ient who has consented to the electronic provision of the statement in a manner similar to the one permitted under regu- lations issued under section 6051 of such Code or in such other manner as provided by the Secretary.” The legislative history to section 401 of the JCWAA also makes clear that obtaining consent to the elec- tronic furnishing of payee statements by the recipient is mandatory. The Techni- cal Explanation of the JCWAA provides that the provision “removes the statutory impediment” to electronically furnishing payee statements and that “these copies may be furnished electronically to a recip- ient who has consented to this.” See Tech- nical Explanation of the “Job Creation and Worker Assistance Act of 2002,” JCX- 12-02 at 27 (March 6, 2002). See also Description of Chairman’s Modification to the “Economic Recovery and Assis- tance for American Workers Act of 2001, JCX-78-01 at 12 (November 8, 2001). Accordingly, payee statements within the scope of section 401 of JCWAA may be furnished electronically only with the con- sent of the recipient. When JCWAA was enacted, tempo- rary regulations, 66 FR 10191 (February 14, 2001) (Temporary Regulations), were in effect under section 6051 that gener- ally required furnishers to comply with specific notice and consent requirements before they could electronically furnish payee statements to employee-recipients on Forms W-2, Wage and Tax Statement, (W-2 payee statements). A Notice of Pro- posed Rulemaking, 66 FR 10247 (Feb- ruary 14, 2001) (2001 Proposed Regu- lations), cross-referenced the text of the Temporary Regulations as the text of the 2001 Proposed Regulations. Following the publication of the 2001 Proposed Reg- ulations, the Treasury Department and the Bulletin No. 2026–13 737 March 23, 2026 IRS received several comments seeking the removal of the notice and consent requirements. The Treasury Department and the IRS retained the notice and consent requirements in the final regulations. See TD 9114, 69 FR 7567 (February 18, 2004) (2004 Final Regulations). The Explanation of Revisions and Summary of Comments to the 2004 Final Regulations explained that the notice and consent requirements were retained for tax administration rea- sons because “it is important that taxpay- ers be able to demonstrate the ability to receive the tax statements electronically and then actually receive them.” Id. 69 FR at 7568. Additionally, the Explanation of Revisions and Summary of Comments to the 2004 Final Regulations explained that the notice and consent requirements were determined to be important to ensur- ing that electronic furnishing remained voluntary for both furnishers and recipi- ents of payee statements to accommodate recipients who perceive traditional paper delivery of statements to be more secure and private. Id. Finally, the Explanation of Revisions and Summary of Comments to the 2004 Final Regulations explained that keeping the consent requirement vol- untary was consistent with section 401 of the JCWAA, which adopted the notice and consent requirements by cross referencing the Temporary Regulations. Id. The section 6051 regulations refer- enced by the JCWAA generally permit fur- nishers that pay remuneration for services to recipients to furnish payee statements to the recipients in an electronic format in lieu of paper if the furnisher obtains the recipient’s consent and meets certain other requirements. See §31.6051-1(j)(1). These other requirements generally require that the furnisher furnish the payee statement on paper if the recipient does not consent (or withdraws a previously provided con- sent) to receiving the statement electron- ically. See for example, §31.6051-1(j)(2) (ii) and (j)(3)(ii). Additionally, because recipients might not be aware that their payee statements have been posted to the furnisher’s website, the regulations require the furnisher to provide the recipient with clear notice that this important tax return document is available and to provide the recipient with instructions on how to access it. See §31.6051-1(j)(5). Finally, the regulations contain rules to ensure that recipients have access during the tax filing season to the payee statements reflecting all the information reported to the IRS. See §31.6051-1(j)(4) (format of substitute statements) and (j)(6) (access period). Section 4.6 of Publication 1179 applies the rules set forth in §31.6051-1(j) regard- ing the electronic furnishing of payee statements to several different payee state- ments required to be furnished, including 1099-DA statements required by section 6045(b) and §1.6045-1(k). Publication 1179 is generally updated annually. III. Reasons for New Consent Procedures for 1099-DA Statements Reflecting Digital Asset Sales Stakeholders have provided comments indicating that transactions involving dig- ital assets, including the purchase, sale, or disposition thereof, are almost exclusively conducted electronically. Customers who buy and sell digital assets using the cus- todial wallet services and exchange plat- form services of digital asset brokers must use computers or mobile devices to access their brokers’ websites or mobile device applications. Given that customers have this technological capability, the Treasury Department and the IRS are of the view, consistent with that of stakeholder sugges- tions discussed later in this Part III. of the Background, that the furnishing of payee statements related to digital asset trans- actions to these customers is better con- ducted electronically to relieve potential compliance burdens on brokers. Congress enacted third party informa- tion reporting provisions to increase the IRS’s ability to administer and enforce the tax laws and to improve taxpayer compli- ance with these laws. See e.g., Sen. Rep. No 97-494, 239 (interest), 247 (fixed and determinable or determinable income), and 245 (capital gains) (July 12, 1982). Third party information reporting gener- ally contributes to lowering the income tax gap, which is the difference between taxes legally owed and taxes actually paid. See U.S. Government Accountability Office (GAO), Tax Gap: Multiple Strat- egies Are Needed to Reduce Noncompli- ance, GAO-19-558T at 6 (May 9, 2019). Information reporting by brokers on their customers’ digital asset transactions bene- fits tax compliance by helping to close the information gap. See Treasury Inspector General for Tax Administration (TIGTA), The Internal Revenue Service Can Improve Taxpayer Compliance for Virtual Currency Transactions Ref. No. 2020- 30-066 at 10 (September 2020); GAO, Virtual Currencies: Additional Informa- tion Reporting and Clarified Guidance Could Improve Tax Compliance, GAO- 20-188 at 28 (Washington, D.C.: Febru- ary 2020). First, because brokers are also required to furnish 1099-DA statements to their customers showing the information reported to the IRS, customers receiv- ing these 1099-DA statements are made aware that their digital asset transactions may be taxable transactions and can use these statements as a record to assist with reporting gross proceeds (and, when basis is reported, calculating taxable gains and losses) from the reported transactions. Second, information returns allow the IRS to match the information reported to the IRS with tax returns filed by these custom- ers whose identifying number is shown on the information returns to verify that these customers have properly reported income (or loss) from the reported transactions. Thus, furnishing of 1099-DA statements to customers is essential not only to cus- tomers who use the furnished information to accurately file their tax returns but also to reducing the overall tax gap attributable to digital asset sale transactions. The Internal Revenue Service Advi- sory Committee (IRSAC) in its public report for 2024 (IRSAC Report) 3 stated that the current rules requiring that payee statements be furnished on paper if the statement recipient does not affirmatively consent (or withdraws a previously pro- vided consent) to receiving the statement electronically would be impractical if applied to digital asset brokers required to furnish 1099-DA statements to their cus- tomers reflecting the information reported to the IRS with respect to each digital asset transaction effected during the calendar 3 Public Report, Internal Revenue Service Advisory Council, Publication 5316 (Rev. 11-2024) available at https://www.irs.gov/pub/irs-pdf/p5316.pdf (IRSAC Report). March 23, 2026 738 Bulletin No. 2026–13 year. See IRSAC Report at 130. Accord- ing to the IRSAC Report, many customers engage in a significant number of digital asset transactions each year. Furnishing separate 1099-DA statements for each digital asset transaction (or even a single substitute statement that includes infor- mation about each transaction) by mail would impose avoidable compliance bur- dens on digital asset brokers that would be forced to furnish to many customers hun- dreds or even thousands of pages of paper statements annually. Id. The current regulations in §1.6045- 1(k) and the guidance in Publication 1179, which apply to brokers effecting sales of digital assets pursuant to the 2024 final regulations (TD 10000, 89 FR 56480 (July 9, 2024)), require these brokers to furnish 1099-DA statements on paper for any cus- tomer that does not affirmatively consent (or withdraws a previously provided con- sent) to receiving the 1099-DA statements in an electronic format. The Treasury Department and the IRS acknowledge that the cost of furnishing 1099-DA statements on paper for customers that do not provide their consent under the existing rules may be unnecessarily burdensome for brokers that effect sales of digital assets because of the large number of digital asset transac- tions that some customers engage in each year and because digital asset customers almost exclusively conduct transactions electronically. Consequently, these pro- posed regulations propose alternative rules that would allow digital asset brokers to obtain customer consent to the electronic furnishing of 1099-DA statements with- out having to offer customers the choice of receiving the 1099-DA statements on paper. To ensure that customers are made aware that an important tax return docu- ment has been furnished in an electronic format and have continuing access to their 1099-DA statement, these proposed alternative rules would, however, require these brokers to meet certain enhanced electronic notice and delivery require- ments and to provide customer access to the statements for a longer period of time. Explanation of Provisions These proposed regulations would pro- vide guidance under proposed §1.6045- 1(k)(5) regarding the ability of brokers to obtain consent from their customers to furnish 1099-DA statements in an elec- tronic format without offering a paper delivery alternative. For the reasons dis- cussed in Part III. of this Explanation of Provisions, these proposed regulations are limited to consent procedures only for 1099-DA statements and accordingly do not extend to any other payee statements, such as 1099-B statements. I. Electronic Furnishing of 1099-DA Statements Proposed §1.6045-1(k)(5)(i) would permit brokers required to furnish 1099- DA statements to obtain consent to fur- nish those statements in an electronic format in lieu of paper either (1) pursu- ant to guidance provided by the IRS in the Internal Revenue Bulletin or other publications (such as under section 4.6.2 of Publication 1179) applicable to other information return filers or (2) under the rules proposed in these proposed reg- ulations. The rules proposed in these proposed regulations would not require the broker to furnish paper payee state- ments if the customer does not consent but, instead, would specifically permit brokers to terminate their business rela- tionship with these customers. Addition- ally, unlike the existing rules, the rules proposed in these proposed regulations would not require brokers to permit cus- tomers to withdraw a previously pro- vided consent. Customers not permitted to withdraw previously provided con- sents would need to move their digital asset investments to other brokers will- ing to furnish 1099-DA statements on paper in order to receive their 1099-DA statements on paper. Because customers would not have the right to have their 1099-DA statements furnished on paper, these proposed regulations would impose enhanced notification requirements on brokers to increase the likelihood that customers receive the communication that their 1099-DA statements have been transmitted or otherwise made available. A. In general Proposed §1.6045-1(k)(5)(i) would permit brokers to furnish 1099-DA state- ments to customers in an electronic format in lieu of a paper format (and without the requirement to offer the paper format) if the broker obtains consent from the cus- tomer, uses one of two qualified electronic delivery methods, and meets certain other requirements relating to continuing dis- closure, format, notice, and access period. The proposed consent requirements are generally modeled after the consent requirements under §31.6051-1(j) for W-2 payee statements but modify those rules where appropriate to reflect the technolog- ical knowledge of digital asset investors and traders and the significantly greater number of 1099-DA statements that must be furnished to each customer. Under the proposed regulations, brokers would be required to obtain the customer’s posi- tive consent to receiving the 1099-DA statement in an electronic format after receiving certain information from the broker regarding the scope of consent, the methods (including hardware and soft- ware requirements) necessary to access the electronically provided 1099-DA statements, the qualified electronic deliv- ery method that will be used to furnish the 1099-DA statements, and other important information necessary for the customer to make an informed consent. Unlike the consent requirements under §31.6051-1(j) for W-2 payee statements, these proposed regulations would not require brokers to give customers the option to receive their 1099-DA statements on paper nor would they require brokers to give customers the ability to withdraw a previously pro- vided consent while remaining customers. Nevertheless, as further described in Part I.C.3.b. of this Explanation of Provisions, if a broker’s email of an original 1099-DA statement is returned as undeliverable, the broker may be required to send the orig- inal 1099-DA statement to the customer by mail within 30 days of receiving that undeliverable response. Brokers that obtain the customer’s positive consent would be required to furnish 1099-DA statements either by posting them to a specified location that is electronically accessible, such as the broker’s website, mobile device appli- cation, or other online platform, or by attaching them to an email. Brokers that furnish 1099-DA statements by post- ing them to an electronically accessible specified location would be required to Bulletin No. 2026–13 739 March 23, 2026 send customers a notice by email that the statements are available and, if requested by the customer, another notice using a communication method other than email. Brokers that furnish 1099-DA statements by attaching them to emails would not be required to send the customer a notice unless the customer requests a notice of that transmittal using a communication method other than email. Because brokers may not know if their customers, in fact, accessed their electronically furnished 1099-DA statements, proposed §1.6045- 1(k)(5)(i) would treat a broker that posts the 1099-DA statement to a specified location that is electronically accessi- ble and that meets the consent, delivery, and other requirements in the proposed regulations as furnishing the 1099-DA statement as of the last of the following dates: (1) the date that the broker posts the 1099-DA statement to the specified loca- tion; (2) the date that the broker sends the customer a notice by email that the 1099- DA statement has been made available; and (3) the date that the broker sends the requested notice using a communication method other than email, if requested by the customer. For a broker that sends the customer an email with a 1099-DA state- ment attached and that meets the consent, delivery, and other requirements in the proposed regulations, proposed §1.6045- 1(k)(5)(i) would generally treat the broker as furnishing the 1099-DA statement as of the later of the date that the broker sends to the customer an email with a 1099-DA statement attached or the date that the bro- ker sends the requested notice informing the customer that the customer’s 1099-DA statement has been transmitted using a communication method other than email. See Part I.C. of this Explanation of Provi- sions for a discussion of the proposed rule that would require brokers to provide cus- tomers with additional methods to receive requested notices regarding their 1099- DA statements and the rationale behind this proposed rule. B. Consent The proposed consent requirements are generally modeled after the consent requirements under §31.6051-1(j) for W-2 payee statements. For example, like the consent requirements under §31.6051- 1(j), the proposed consent requirements in these proposed regulations are designed to ensure that the customer is made aware that the customer is providing this specific consent to receive the 1099-DA statement in an electronic format. Additionally, like the consent requirements under §31.6051- 1(j), the proposed rules would require that customers be provided with a disclosure statement, prior to or at the time of this consent, setting forth important informa- tion regarding the consequences of con- sent and non-consent. 4 The proposed regulations would differ from the rules under §31.6051-1(j), how- ever, where appropriate to reflect the tech- nological knowledge of digital asset trad- ers and the significantly higher number of 1099-DA statements that might be fur- nished to each customer in comparison to the single-page W-2 payee statements that are required to be furnished to employees under §31.6051-1(j). For example, the pro- posed regulations would not include the requirement in §31.6051-1(j)(2)(i) that the recipient’s consent be provided in a way that reasonably demonstrates the recipi- ent’s ability to access the statement in the electronic format. In addition, the pro- posed regulations would not include the requirements in §31.6051-1(j)(3)(ii) and (v) that furnishers inform recipients that recipients will receive paper statements if they do not provide their consent or that recipients may withdraw a previously pro- vided consent under specified procedures. See Parts I.B.1. through 5. of this Expla- nation of Provisions for a more detailed explanation of the consent requirements included in proposed §1.6045-1(k)(5) (iii) and how they compare to the consent requirements in §31.6051-1(j). 1. Positive Consent To achieve the objective that customers be made aware of what they are consent- ing to, proposed §1.6045-1(k)(5)(iii)(A) would require that the customer provide positive consent to receive the 1099-DA statement in an electronic format. Positive consent would be treated as obtained, for this purpose, if the customer performs an explicit action to provide consent, such as by checking a box, clicking a button, or completing a fill-in screen. See proposed §1.6045-1(k)(5)(iii)(A). This proposed requirement to take an explicit action to provide positive consent is included to ensure that customers are made aware that they will receive their 1099-DA statements in an electronic format. This requirement that the customer perform an explicit action is similar to the affirmative consent requirement in the current regu- lations in §1.6045-1(k) and the guidance in Publication 1179. Use of the adjective “positive” in the proposed regulations instead of “affirmative” is meant to distin- guish the overall consent rules in the pro- posed regulations from the overall consent rules under §31.6051-1(j) and as provided in section 4.6.2 of Publication 1179, which, unlike the proposed regulations, require the customer to demonstrate that the customer can access the electronically provided statement. See Part I.B.2. of this Explanation of Provisions for a discus- sion of the demonstration requirement of §31.6051-1(j) and why it is not included in these proposed regulations. Proposed §1.6045-1(k)(5)(iii)(A) would also require that the broker’s solic- itation of the customer’s consent meet specific requirements designed to ensure that customers are aware of what they are agreeing to when they provide their consent. As discussed in Part III. of the Background, the furnishing of 1099-DA statements to customers provides these customers with a record that they can use to assist with reporting gross proceeds (and when basis is reported calculating and reporting taxable gains and losses) from the reported sales. If these custom- ers are not made aware that their 1099-DA statements will be furnished electroni- cally, they might fail to access those state- ments and report their taxable gains (and losses) from the reported sales correctly, thus thwarting the benefits of third-party information reporting. Accordingly, to address the importance of making custom- ers aware that their 1099-DA statements will be electronically furnished, proposed 4 The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) Public Law No. 106-229, 114 Stat. 464 (2000), 15 U.S.C. sections 7001 through 7006 (2000), provides rules permitting businesses to furnish to consumers legally required records in an electronic format with the consent of the consumer. The consent rules in these proposed regulations are largely consistent with the consent rules in the E-SIGN Act. March 23, 2026 740 Bulletin No. 2026–13 §1.6045-1(k)(5)(iii)(A) would require that the customer’s consent to receiving the 1099-DA statements in an electronic format be separate from any other consent provided by the customer. The solicita- tion of the customer’s consent to receive 1099-DA statements electronically may be included in another communication, including a communication that solicits consent on other issues, for example a broker’s terms and conditions, but the cus- tomer’s response to the 1099-DA consent solicitation may relate only to consent to receiving the 1099-DA statement elec- tronically. Additionally, to ensure that the cus- tomer’s consent is an informed consent, proposed §1.6045-1(k)(5)(iii)(A) would require that a clear and conspicuous dis- closure statement be provided to the cus- tomer prior to or at the time of consent. See Part I.B.3. of this Explanation of Pro- visions, for a discussion of the information that must be disclosed to the customer prior to or at the time of consent and for the rules detailing how this information must be provided to the customer. 2. Demonstration of Ability to Access the 1099-DA Statement The rules under §31.6051-1(j) and the guidance under section 4.6 of Publi- cation 1179 require furnishers of payee statements to obtain the consent of each recipient to receiving the payee statement electronically before the statement can be furnished electronically to that recipient. Consent, for this purpose, requires that the recipient reasonably demonstrate the recipient’s ability to access the payee state- ment in the electronic format. 5 Examples 1 and 2 under §31.6051-1(j)(2)(iv) demon- strate the application of this rule with facts showing recipients who are directed to give their consent on documents that are provided in the same electronic for- mat as that in which the payee statements will be furnished. Because the recipients give their consent using the same elec- tronic format as that in which the payee statements will be furnished, Examples 1 and 2 conclude that the recipients’ consent demonstrates that the recipients are able to access the electronic format in which the payee statements will be furnished. Id. Example 3 under §31.6051-1(j)(2)(iv) shows facts under which a recipient must give consent on the same website that the recipient’s electronically furnished payee statement will be posted. Example 3 con- cludes that because the recipient demon- strated the ability to access the website on which the payee statement will be posted, the recipient’s consent demonstrated the recipient’s ability to access the payee statement in the electronic format. Id. Taxpayers who buy and sell digital assets using the custodial wallet services and exchange platform services of dig- ital asset brokers must use computers or mobile devices to access their bro- kers’ websites or mobile device appli- cations. Consequently, these taxpayers have already demonstrated that they can access their brokers’ websites or mobile device applications to retrieve information posted to these locations, such as a 1099- DA statement. Therefore, it is not neces- sary for customers to demonstrate their ability to access their brokers’ websites or mobile device applications. Similarly, by definition, if a taxpayer provides the broker with the taxpayer’s email address, the taxpayer has confirmed that the tax- payer can access communications sent to this address. Therefore, it is not necessary for customers to demonstrate their techni- cal ability to access their email accounts. By not adopting these requirements from §31.6051-1(j), the Treasury Department and the IRS anticipate that these proposed regulations will be less burdensome on electronic commerce without materially increasing the risk of harm to consum- ers. Accordingly, these proposed regula- tions do not require the method by which a customer provides consent to include a demonstration that the customer has the technical ability to access electronically furnished 1099-DA statements in the for- mat in which it will be furnished. 3. Pre-Consent Disclosure Statement a. Information included in the pre-consent disclosure statement As noted in Part I.B.1. of this Expla- nation of Provisions, proposed §1.6045- 1(k)(5)(iii)(A) would require brokers to provide customers with a clear and con- cise disclosure statement prior to or at the time of consent (pre-consent disclosure statement). Proposed §1.6045-1(k)(5) (iii)(C) would require that this disclosure statement contain seven information items described in proposed §1.6045-1(k)(5)(iii) (C)(1) through (7). Two of these proposed disclosure requirements are the same as the disclosure requirements set forth in §31.6051-1(j)(3)(iii) (scope and duration of consent) and (viii) (hardware and soft- ware requirements) and described in sec- tion 2.6.2 of Publication 1179. 6 Specifi- cally, proposed §1.6045-1(k)(5)(iii)(C)(1) would require the pre-consent disclosure statement to inform the customer that the provided consent will apply to all 1099- DA statements required to be furnished by the broker. Additionally, proposed §1.6045-1(k)(5)(iii)(C)(2) would require the pre-consent disclosure statement to describe the method by which the cus- tomer will need to access, download, and print the 1099-DA statement furnished in the electronic format, including the hard- ware or software the customer will need to conduct these functions. Proposed §1.6045-1(k)(5)(iii)(C) also includes five pre-consent disclosure requirements that are not included in (or are different from) the pre-consent dis- closures required by §31.6051-1(j)(3) and described in section 2.6.2 of Pub- lication 1179. For example, proposed §1.6045-1(k)(5)(iii)(C)(3) would require the pre-consent disclosure statement to describe the specific qualified electronic delivery method that the broker will use to furnish the 1099-DA statement to the customer. The purpose of this disclosure is to ensure that customers will know which method brokers will use to deliver their 5 See §31.6051-1(j)(2)(i); see also 15 U.S.C. 7001(c)(1)(C)(ii). 6 See also 15 U.S.C. 7001(c)(1)(B)(ii) and (c)(1)(C)(i). Many of the pre-consent disclosure requirements in §31.6051-1(j)(3) are not included in the proposed regulations because they are not applicable. For example, §31.6051-1(j)(3)(ii), (iv), and (v) require disclosures associated with the paper statement option that furnishers are required to provide under §31.6051-1(j). Similarly, §31.6051-1(j)(3)(vi) is not applicable to these proposed regulations because it requires furnishers to inform recipients of the conditions under which payee statements will no longer be electronically furnished. Bulletin No. 2026–13 741 March 23, 2026 1099-DA statements. Customers can use this information to evaluate whether, in their view, the delivery method chosen by the broker is a secure or otherwise conve- nient method of delivery. See Part I.C. of this Explanation of Provisions for a dis- cussion of the qualified electronic delivery methods. If the broker chooses the qualified electronic delivery method that would require the broker to send a notice to the customer that the 1099-DA statement has been posted to a specified location that is electronically accessible, proposed §1.6045-1(k)(5)(iii)(C)(4) would require the disclosure statement to state that the notice will be sent to the customer by email and that the customer may ask for another notice using an additional communication method (referred to as requested notice). Alternatively, if the broker chooses the qualified electronic delivery method that would require the broker to transmit the customer’s 1099- DA statement by way of attachment to an email, proposed §1.6045-1(k)(5) (iii)(C)(4) would require the disclosure statement to inform the customer that the customer may ask for a notice using an additional communication method when the customer’s 1099-DA statement has been transmitted (also referred to as requested notice). Additionally, regard- less of which qualified electronic deliv- ery method the broker chooses, proposed §1.6045-1(k)(5)(iii)(C)(4) would require the disclosure statement to inform the customer that the customer may ask the broker to change the additional com- munication method used by the broker to send the requested notices. See Part I.C. of this Explanation of Provisions for a discussion of the proposed rule that would require brokers to provide custom- ers with additional methods to receive requested notices regarding their 1099- DA statements and the rationale behind this proposed rule. The purpose of this disclosure requirement is to inform cus- tomers that they may request a communi- cation method other than email by which they will receive notices regarding their 1099-DA statements. Additionally, if the broker intends to limit the services available to customers that do not provide their consent, such as not effecting future sales for such custom- ers, proposed §1.6045-1(k)(5)(iii)(C)(5) would require that the disclosure statement inform the customer of this intention. The purpose of this disclosure requirement is to ensure that customers are made aware of the consequences of their decision, not to limit the decisions brokers can make regarding these consequences. For exam- ple, under the proposed regulations, a bro- ker may decide to not effect sales for cus- tomers that do not provide their consent or could alternatively decide to continue to effect sales for customers up to a certain limit to ensure that any paper 1099-DA statements sent to non-consenting custom- ers would be short. See Part I.B.5.b. of this Explanation of Provisions for a further discussion of this requirement and why the disclosure of this consequence would not invalidate a consent. Proposed §1.6045-1(k)(5)(iii)(C)(6) would require that the disclosure state- ment inform the customer of the broker’s policy regarding the withdrawal of a previously provided consent. If a broker does not offer customers the opportunity to withdraw a previously provided con- sent, proposed §1.6045-1(k)(5)(iii)(C)(6) would require that the disclosure state- ment inform the customer of this policy. Conversely, if the broker does choose to offer customers the opportunity to with- draw a previously provided consent, the disclosure statement must inform the cus- tomer of the procedures the customer must follow to withdraw a previously provided consent and when such withdrawal will be effective. The purpose of this disclosure requirement is to ensure that customers are made aware of the consequences of their decision, not to limit the decisions brokers can make regarding consent with- drawals. Finally, proposed §1.6045-1(k)(5)(iii) (C)(7) would require that the disclosure statement provide a document or describe a location, such as on the broker’s website, mobile device application, or other online platform, where the customer can find the information included in the pre-disclo- sure statement after providing consent. The purpose of this proposed disclosure requirement is to ensure that customers will be able to obtain answers to their questions about their 1099-DA statements if they are unable to remember the infor- mation provided at the time of consent. Section 31.6051-1(j)(3)(ii) and (iv) require the furnisher to inform the recip- ient that a paper statement will be fur- nished if the recipient does not consent and the procedures the recipient must fol- low to obtain a paper statement after giv- ing consent. These disclosures have not been added to the proposed regulations’ disclosure requirements because these proposed rules do not require the broker to offer the customer a paper 1099-DA statement. Instead, as discussed earlier in this Part I.B.3., under the proposed regu- lations brokers may refuse to offer a paper statement and may decline to continue or begin their business relationship with customers that do not provide their con- sent. See Part I.B.5. of this Explanation of Provisions for a further discussion of the rationale behind not requiring brokers to offer customers a paper option. For similar reasons, the proposed regulations also do not require brokers to disclose to custom- ers the information included in §31.6051- 1(j)(3)(ii), which requires furnishers to inform recipients that they have a right to withdraw a previously provided consent, the procedures the recipient must follow to do so, and when a withdrawn consent will be effective. Instead, as discussed ear- lier in this Part I.B.3, the proposed regula- tions would require the broker to inform the customer of whether it will permit customers to withdraw consent. Only if a broker does permit customers to withdraw consent would the broker need to inform the customer of the procedures the cus- tomer must follow to do so. b. Method of providing the pre-consent disclosure statement Proposed §1.6045-1(k)(5)(iii)(C) would provide that the pre-consent dis- closure statement may be provided by the broker in any manner that is part of the consent solicitation. For example, the bro- ker could include the information required to be disclosed on a pop-up screen shown to the customer as part of the request for the customer’s consent or on another page on the broker’s website, mobile device application, or other online platform to which the pop-up consent screen provides a direct link. The Treasury Department and the IRS are concerned, however, that customers March 23, 2026 742 Bulletin No. 2026–13 that transact with brokers exclusively through one or more physical electronic terminals or kiosks might not remember the name or URL of the broker’s website, mobile device application, or other online platform if it was only accessed using the broker’s kiosk. Similarly, customers that transact with brokers that effect sales of digital assets as a processor of digital asset payments as defined in §1.6045-1(a)(22) (PDAP broker), where the digital assets that the customer uses for payment are held in an account at a different custodial bro- ker, might not be aware of the PDAP bro- ker’s website, mobile device application, or other online platform. Accordingly, to ensure that customers using kiosks or PDAP brokers to effect sales of their dig- ital assets have continuing access to this initial disclosure statement, proposed §1.6045-1(k)(5)(iii)(C) would require that PDAP brokers and brokers that transact exclusively with customers through one or more physical electronic terminals or kiosks also provide the disclosure state- ment to these customers by email or by using any mail or private delivery service within five business days of the customer’s explicit action to provide positive consent. This five business-day requirement would ensure that the customer is familiar with the context of the communication when it is received. Additionally, proposed §1.6045-1(k)(5)(iii)(C) would require that these brokers also provide customers with the opportunity to receive this disclosure statement using an additional communica- tion method described in Part I.C. of this Explanation of Provisions if requested by the customer at the time of consent. See Part I.C. of this Explanation of Provi- sions for a discussion of why the customer should be given the opportunity to request communications sent by email using an additional communication method. Comments are requested regarding these additional rules requiring the provi- sion of the disclosure statement in the case of customers that transact with brokers that operate physical terminals or kiosks. For example, comments are requested on whether these customers regularly visit the broker’s website, mobile device application, or other online platform when they are not at the broker’s physi- cal terminal or kiosk. Comments are also requested regarding the need for this rule in the case of customers that transact with PDAP brokers. For example, comments are requested on whether these custom- ers regularly visit the broker’s website, mobile device application, or other online platform. Finally, comments are requested regarding whether the requirement that brokers send the disclosure statements to the customer within five business days of the customer’s explicit action to provide consent provides brokers with sufficient time to comply with this requirement. 4. Change in Hardware or Software Requirements Under §31.6051-1(j)(2)(iii) and the guidance in section 4.6.2 of Publication 1179, if the furnisher changes the hard- ware or software that the recipient will need to access the payee statement and that change creates a material risk that the recipient will not be able to access the payee statement, the furnisher must obtain a new consent from the recipient to receive the payee statement electron- ically after notifying the recipient of the new hardware or software requirements. Because taxpayers who buy and sell dig- ital assets are likely to have the techno- logical wherewithal to access statements provided using the qualified electronic delivery methods described in proposed §1.6045-1(k)(5)(ii) (posted to an elec- tronically accessible specified location or by direct transmittal), the condition that recipients be notified if there is a material risk that the recipient will not be able to access the payee statement has been revised. Specifically, if an intended change in the method by which the cus- tomer will need to access, download, and print the 1099-DA statement furnished in the electronic format, including a change in the hardware or software required to conduct these functions, would create a material risk that the customer will need to obtain new hardware or software to access the 1099-DA statement, proposed §1.6045-1(k)(5)(iii)(B) would require the broker to obtain a new consent from the customer to receive the 1099-DA state- ment using the new hardware or software before implementing the change. The broker would be required to obtain this new consent regardless of whether the necessary new hardware to be obtained or software required to be downloaded are available at a price or are gener- ally offered to consumers for free. This requirement, however, is not intended to apply to the simple case in which the customer is provided minor upgrades in existing software that do not impede the customer’s ability to access the 1099- DA statement. Comments are requested regarding how this distinction can be expressed in regulatory text. In addition, the broker would be required to obtain this consent in the same manner as that described in proposed §1.6045-1(k)(5) (iii)(A) and would be required to furnish the customer with updated pre-consent disclosures described in Part I.B.3. of this Explanation of Provisions. Brokers would be required to furnish 1099-DA statements in the old hardware or soft- ware format to customers that do not provide their consent to receiving the 1099-DA statements in the new hardware or software format until they receive that consent. 5. Not Offering a Paper 1099-DA Statement Alternative a. In general The rules under §31.6051-1(j)(3)(ii) and (v) as applied by section 4.6.2 of Pub- lication 1179 require furnishers to inform recipients that payee statements will be furnished on paper if the recipient does not consent to receiving the payee state- ment electronically and that the recipient has the right to withdraw a previously pro- vided consent. Additionally, §31.6051-1(j) (2)(ii) as applied by section 4.6.2 of Pub- lication 1179 provides that a previously provided consent from a recipient is not valid once a recipient’s withdrawal of that consent takes effect. The Treasury Depart- ment and the IRS explained in the Expla- nation of Revisions and Summary of Com- ments to the 2004 Final Regulations that it was important that the electronic furnish- ing of payee statements remain voluntary (that is, that recipients be provided with a paper option) to accommodate recipients who perceive traditional paper delivery of statements to be more secure and pri- vate. See 2004 Final Regulations 69 FR at 7568. This accommodation, according to this explanation, was consistent with Con- Bulletin No. 2026–13 743 March 23, 2026 gressional intent as reflected by the refer- ence in section 401 of the JCWAA to the regulations under section 6051. Id. In mandating that a paper deliv- ery option be offered, the rules under §31.6051-1(j) struck a balance between the desire of furnishers to reduce costs by furnishing W-2 payee statements electron- ically and the tax administration concerns associated with recipients being unable to access electronically furnished W-2 payee statements for use in filing accu- rate income tax returns. Unlike many of the single-page payee statements sub- ject to the rules under §31.6051-1(j) that reflect an aggregation of all reportable payments made within the calendar year, the §1.6045-1 regulations require brokers to furnish a separate 1099-DA statement for each transaction (or a single substitute statement that includes information about each transaction) effected for customers within a calendar year. Given the number of digital asset transactions that may be effectuated by a single customer in a given year, even substitute 1099-DA statements that reflect each of these transactions, if printed, may be quite lengthy. The Treasury Department and the IRS are of the view that recipients have become increasingly able to access elec- tronically furnished payee statements since the 2004 Final Regulations were first published. Compared to the early 2000s, most U.S. adults today say they use the internet (95%), have a smartphone (90%), or subscribe to high-speed internet at home (80%). 7 This is especially true for digital asset investors and traders who generally communicate with their digital asset brokers solely through electronic means. As such, the risk of harm to recipi- ents who are asked to consent to receiving payee statements in an electronic format has materially diminished since those reg- ulations were first published. Addition- ally, the Treasury Department and the IRS are sympathetic to the potentially substan- tial compliance costs for digital asset bro- kers, and the burden those costs place on electronic commerce, that would result if digital asset brokers were required to offer customers paper 1099-DA statements. According to the IRSAC Report, the print- ing and mailing costs that physical deliv- ery of 1099-DA statements would require could create unmanageable burdens for brokers because of the large quantity of trades engaged in by some digital asset investors. Moreover, customers that inad- vertently fail to provide their consent to receiving the statements electronically or that do not appreciate the length of these statements when they choose to receive paper statements could potentially be sig- nificantly inconvenienced by this choice because they may need to scan potentially lengthy paper statements to computer files for transmission to tax return preparers or for use by tax return preparation soft- ware. The significant cost of printing and mailing paper 1099-DA statements to cus- tomers also imposes material burdens on small business brokers, who may incur substantial expenses to meet paper-fur- nishing requirements. As such, the tax administration benefits of not requiring brokers to offer a paper delivery option for 1099-DA statements outweigh the costs to digital asset investors and traders of not having that option because digital asset investors and traders have the tech- nological capability to receive electronic communications and to visit their brokers’ websites or mobile device applications to access their electronically furnished 1099- DA statements. 8 b. Changes to the parties’ relationship if the customer does not consent There may be customers that refuse to consent to receiving the 1099-DA state- ment in an electronic format even though the broker does not offer the customer an option to receive the 1099-DA statement on paper (or limits that option to customers with transaction numbers below a certain threshold). As discussed in Part II. of the Background, section 401 of the JCWAA mandates that the recipient consent to receiving a payee statement electroni- cally before the furnisher may electron- ically furnish that statement. Therefore, if a broker is unwilling to furnish paper 1099-DA statements to customers that do not consent to electronic furnishing, the broker would need to cease effecting sales for these customers to avoid being penal- ized for the failure to furnish 1099-DA statements under section 6722. If a bro- ker makes the business decision to limit its services, for example by not effecting any future sales for all such customers or for those customers with transaction num- bers above a certain threshold, proposed §1.6045-1(k)(5)(iii)(C)(5) would require that the broker disclose this business deci- sion to customers prior to obtaining their consent. 9 Disclosure of the consequences to not providing consent when those con- sequences are legally permitted does not invalidate an otherwise valid consent. See, e.g., Ballard v. Comm’r, T.C. Memo. 1987-471 (Commissioner’s statement that IRS Appeals conference would not be allowed if taxpayer failed to consent to extending statute of limitations does not invalidate signed consent because such statements are nothing more than notice that the Commissioner intends to use lawful means at his disposal to assess the tax); Hall v. Comm’r, T.C. Memo. 2013- 93 (signed consent valid where taxpayer faced choice of whether to accept plea agreement or go on trial and face signifi- cantly worse consequences). Accordingly, a broker may inform customers that the broker has determined it will not effectu- ate sales with, or will otherwise limit the business relationship with, a customer that does not consent to receiving electronic 1099-DA statements. c. Withdrawal of consent The rules under §31.6051-1(j) and the guidance under section 4.6 of Publi- cation 1179 require furnishers of payee statements to inform recipients that they 7 See Pew Research Center, Americans’ Use of Mobile Technology and Home Broadband, https://www.pewresearch.org/internet/2024/01/31/americans-use-of-mobile-technolo- gy-and-home-broadband/ (accessed March 4, 2026). 8 The E-SIGN Act permits a Federal agency to promulgate consent rules that deviate from the consent rules in the E-SIGN Act if it makes a determination that this deviation is necessary to eliminate a substantial burden on electronic commerce and will not increase the material risk of harm to consumers. 15 U.S.C. 7004(d). 9 Informing customers of these consequences is consistent with the E-SIGN Act, which requires that furnishers inform consumers of any consequences (including termination of the parties’ relationship) if the consumer withdraws consent. See 15 U.S.C. 7001(c)(1)(B)(i)(II). March 23, 2026 744 Bulletin No. 2026–13 have the right to withdraw consent. See §31.6051-1(j)(3)(v). Additionally, once a recipient withdraws consent and that withdrawal is effective, the furnisher must provide the payee statement on paper. See §31.6051-1(j)(2)(ii) and (j)(7). For the same reason that these proposed regula- tions do not require a broker to provide a paper delivery option at the time of con- sent, these proposed regulations also do not require brokers to offer customers the opportunity to withdraw a previously provided consent. See Part I.B.5.a. of this Explanation of Provisions for a discussion of the paper option. Despite this conclu- sion, the proposed regulations would require brokers to inform customers if they will not be given the opportunity to withdraw a consent once provided. See Part I.B.3. of this Explanation of Provi- sions for a general discussion of the infor- mation that a broker must disclose to the customer prior to or at the time of consent. C. Qualified electronic delivery methods The rules under §31.6051-1(j) when originally proposed would have only per- mitted furnishers to furnish payee state- ments electronically by posting them to a website accessible to the recipient. See Temporary Regulations 69 FR at 1193 (proposed §31.6051-1(j)(5)). In response to this proposed rule, two commenters recommended that the regulations allow furnishers to provide payee statements as attachments to emails, and one commenter stated that providing tax statements by email raised security and privacy con- cerns. See Explanation of Revisions and Summary of Comments to the 2004 Final Regulations 69 FR at 7568. In response to these comments, the 2004 Final Reg- ulations did not restrict furnishers solely to the use of website technology, but the Treasury Department and the IRS noted that, although website technology pro- vided the most secure method of furnish- ing payee statements electronically, it was not the Secretary’s intention to limit the technology to be used in furnishing payee statements electronically. Id. The 2004 Final Regulations do not pro- vide any rules for brokers that fulfill their furnishing obligations by attaching payee statements to emails. In contrast, these proposed regulations include proposed rules for brokers that furnish 1099-DA statements by attaching them to emails because these furnishing rules are nec- essary to ensure customers receive their 1099-DA statements no matter how they are furnished. Additionally, furnishing rules for 1099-DA statements are nec- essary for all delivery methods because 1099-DA statements will be new to digital asset investors and traders who might not otherwise seek to obtain their statements if they do not receive an email regarding these statements. Given these consider- ations, it is important to provide brokers with clear rules for whichever electronic delivery method they use to furnish 1099- DA statements. Accordingly, these pro- posed regulations include rules for bro- kers that furnish 1099-DA statements by posting them to electronically accessible specified locations as well as for bro- kers that furnish 1099-DA statements by attaching them to emails. These methods are collectively referred to as qualified electronic delivery methods. As discussed in Part I.A. of this Expla- nation of Provisions, proposed §1.6045- 1(k)(5)(i) would require brokers furnish- ing 1099-DA statements in an electronic format to use a qualified electronic deliv- ery method to do so. Proposed §1.6045- 1(k)(5)(ii) would define a qualified elec- tronic delivery method, for this purpose, as falling within one of two broad types of delivery methods. First, under proposed §1.6045-1(k)(5)(ii)(A), the broker would be permitted to post the 1099-DA state- ment to a specified location that is elec- tronically accessible, such as the furnish- er’s website, mobile device application, or other online platform. Brokers using this qualified electronic delivery method would also be required to notify the customer by email that the 1099-DA statement has been so posted. Alternatively, under pro- posed §1.6045-1(k)(5)(ii)(B), the broker would be permitted to transmit the 1099- DA statement directly to the customer by attaching it to (or otherwise including it with) an email to the customer. Comments are requested addressing whether there are any other practical methods of electroni- cally furnishing the 1099-DA statements other than the two methods described in proposed §1.6045-1(k)(5)(ii)(A) and (B) that should be included in the definition of a qualified electronic delivery method. Regardless of which of these two pro- posed qualified electronic delivery meth- ods the broker chooses to furnish 1099- DA statements electronically, the broker would be required to send an email to the customer either to provide notice that the statement has been made available in an electronically accessible specified loca- tion or to transmit the 1099-DA statement directly. The Treasury Department and the IRS considered whether brokers should be given the ability to choose a different com- munication method for these notices and transmittals but decided against providing brokers with this choice for several rea- sons. First, email is a ubiquitous method of communication with which most peo- ple are familiar. Because it is essential to tax administration that customers actually receive these important communications and view and use their 1099-DA state- ments, it is essential that the most broadly used and well-known method of commu- nication be required. Second, most email providers have policies to prevent the reuse of previously used addresses and will return as undeliverable messages sent by email to an address that is not assigned to any user. In contrast, if a broker sent a communication by way of text message to a customer regarding the customer’s 1099-DA statement, the broker might not be informed if the customer’s mobile phone number was no longer in service or was reassigned to another mobile phone customer. The Treasury Department and the IRS considered whether a customer’s in-ac- count messaging system with the broker (also referred to in certain circumstances as in-application messaging) should be permitted as a default communication method. This communication method was not proposed as a default method, however, because of the concern that this method did not provide a sufficient level of certainty that the communication will be received by most customers because it is unclear if all customers would even be aware that communications have been sent to their in-account messaging system. The Treasury Department and the IRS also considered whether communications sent to a customer’s cellular device in a manner that can be viewed even when the account application with the broker is not open (sometimes referred to as push noti- Bulletin No. 2026–13 745 March 23, 2026 fications) should be permitted as a default communication method for this purpose. Because customers can turn off push notifications on their device without the broker’s knowledge, the Treasury Depart- ment and the IRS also concluded that this method does not provide a sufficient level of certainty that the communication will be received by most customers. See Parts I.C.1. and 2. of this Explanation of Provi- sions for a discussion of the requirement that brokers provide customers with the opportunity to request certain additional communications regarding their 1099-DA statements using other methods of com- munication, including in-account messag- ing and push notifications. 1. Posting a 1099-DA Statement to an Electronically Accessible Specified Location The first type of qualified electronic delivery method is described in proposed §1.6045-1(k)(5)(ii)(A)(1). Under pro- posed §1.6045-1(k)(5)(ii)(A)(1), a qual- ified electronic delivery method would require the broker to post the 1099-DA statement to a specified location that is electronically accessible, such as the bro- ker’s website, mobile device application, or other online platform. Once the 1099- DA statement has been posted, proposed §1.6045-1(k)(5)(ii)(A)(1) would also require the broker to send the customer an email notice, containing the information described in proposed §1.6045-1(k)(5) (ii)(A)(4), to inform the customer that the 1099-DA statement has been so posted. Like the information required to be included in notices sent to recipients under §31.6051-1(j)(5) and the guidance in sec- tion 4.6.2 of Publication 1179, proposed §1.6045-1(k)(5)(ii)(A)(4) would require the broker to include in the notice instruc- tions on how the customer can access and print the 1099-DA statement. The notice would also be required to include the following statement in capital letters, “IMPORTANT TAX RETURN DOC- UMENT AVAILABLE.” This statement would also be required to be included on the subject line of the email. These rules are designed to make the customer aware that the customer’s 1099-DA statements are available and to provide information on how to access those statements. The Treasury Department and the IRS are concerned that some customers may not regularly check whether emails have been sent to an address that the customer provided to the broker or may not be aware if the customer’s email provider fil- ters out as unsolicited an important email from the broker. For example, a customer may regularly access a broker’s website to carry out transactions but only occasion- ally check whether emails have been sent to an email address that the customer has provided to the broker. Additionally, some customers may not open emails from their broker because they are concerned that the emails may be compromised and could give rise to a phishing attack. Finally, some customers may find it useful to receive notices regarding their 1099-DA statements using a different communica- tion method to remind them that they may have taxable digital asset transactions that need to be reported on their tax returns. Accordingly, proposed §1.6045-1(k)(5) (ii)(A)(1) would require the broker to provide the customer with the opportu- nity to receive another notice from the broker using an additional communica- tion method if the customer requests this notice not later than the end of the calen- dar year to which the 1099-DA statement relates (requested notice). These requested notices would also be required to include the following statement in capital letters, “IMPORTANT TAX RETURN DOC- UMENT AVAILABLE.” This statement must also be included prominently in the message of the requested notice. See pro- posed §1.6045-1(k)(5)(ii)(B)(4). Requiring brokers to provide custom- ers with a choice of additional communi- cation methods regarding these import- ant communications is important to tax administration. First, providing custom- ers that do not find email to be the best communication method with the ability to choose an additional communication method that is better suited to their needs will increase the likelihood that these cus- tomers actually receive these important communications and view and use their 1099-DA statements. Second, because 1099-DA statements will be new for dig- ital asset investors and traders, it is more likely that these customers will not be experienced in knowing when they should look for email communications about their 1099-DA statements. For these reasons, the proposed regulations would require brokers to provide customers with the opportunity to receive a requested notice from the broker regarding the posting of their 1099-DA statements using an addi- tional communication method. Because brokers would only be required to send requested notices to those customers that take the initiative to ask for these notices, the cost of this rule for the broker should be limited to those customers that need to receive the notice using another commu- nication method. If the customer asks for this requested notice by the required deadline, proposed §1.6045-1(k)(5)(ii)(A)(1) would require that the broker provide the customer with certain choices of communication methods. Under proposed §1.6045-1(k) (5)(ii)(C), the broker must always offer the customer the choice of receiving the requested notice on paper using the phys- ical delivery method chosen by the broker (that is by mail or any private delivery ser- vice). The broker may, but is not required to, offer customers additional choices of electronic delivery using any electronic delivery method described in proposed §1.6045-1(k)(5)(ii)(C)(1) that the broker chooses to offer. These electronic deliv- ery methods include messages sent to the customer’s cellular phone number (some- times referred to as text messaging), to the customer’s in-account messaging system with the broker (sometimes also referred to as in-application messaging), to the customer’s cellular device in a manner that can be viewed even when the account application with the broker is not open (sometimes referred to as push notifica- tions), or to any other electronic messag- ing address of the customer. Although sending notices by mail or private delivery service may be more costly to brokers than sending them electronically, the Treasury Department and the IRS have proposed that bro- kers always offer customers this option because mail is likely the most common communication method for important tax documents other than email. Additionally, because these requested notices should be short communications, as opposed to potentially lengthy 1099-DA statements, the tax administration benefits for the IRS and customers choosing to receive March 23, 2026 746 Bulletin No. 2026–13 these notices by mail or private delivery service should outweigh the higher costs of mailing these notices. As noted, the Treasury Department and the IRS intend for this mailing requirement, as well as the other mailing requirements through- out the proposed regulations, to permit the broker to choose the particular mail or private delivery service that best meets the broker’s business needs. Comments are requested regarding whether there is a more reasonable amount of time (other than the proposed end of the calendar year to which the 1099-DA statement relates) for the customer to ask for a requested notice using an additional communication method. Comments are also requested addressing whether there are any other practical methods of delivering these important notices. 2. Direct Transmittal of the 1099-DA Statement The second type of qualified electronic delivery method is described in proposed §1.6045-1(k)(5)(ii)(B)(1) as a direct trans- mittal of the 1099-DA statement to the customer. Under this method, the 1099- DA statement would be attached to, or otherwise included with, an email to the customer. The rules under §31.6051-1(j) (5) and the guidance in section 4.6.2 of Publication 1179 do not include infor- mation requirements for emails sent directly to recipients to which payee state- ments are attached. It is important that customers that are sent emails to which payee statements are attached be made aware that important documents related to their tax compliance obligations are attached to an email. Accordingly, pro- posed §1.6045-1(k)(5)(ii)(B)(4) would require the broker’s email to which the 1099-DA statement has been attached to include instructions on how the customer can access, download, and print the 1099- DA statement. Additionally, proposed §1.6045-1(k)(5)(ii)(B)(4) would also require that this electronic communication include the following statement in capital letters, “IMPORTANT TAX RETURN DOCUMENT AVAILABLE” and that this statement be on the subject line of the electronic communication. Additionally, as discussed in Part I.C.1. of this Explanation of Provi- sions, the Treasury Department and the IRS are concerned that some customers may not regularly check whether emails have been sent to an email address that the customer provided to the broker. Because some customers may find it useful to receive an electronic commu- nication using an additional communi- cation method or a paper document that reminds them that they may have taxable digital asset transactions that need to be reported on their tax returns, proposed §1.6045-1(k)(5)(ii)(B)(1) would require the broker to provide the customer with the opportunity to request a notice from the broker informing the customer that the customer’s 1099-DA statement has been transmitted (requested notice). See Part I.C.1. of this Explanation of Provisions, for a discussion of the defi- nition of an additional communication method. If the customer requests this requested notice by the end of the cal- endar year to which the 1099-DA state- ment relates, proposed §1.6045-1(k)(5) (ii)(B)(1) would require the broker to send this requested notice to the cus- tomer on paper using the physical deliv- ery method chosen by the broker (that is, by mail or any private delivery service). The broker may also offer to send this requested notice to the customer using any of the electronic delivery methods described in proposed §1.6045-1(k)(5) (ii)(C)(1)(i) through (iv). Regardless of whether the broker offers to send the notice by electronic delivery, proposed §1.6045-1(k)(5)(ii)(C) would require brokers to offer at least one type of phys- ical delivery method. See Part I.C.1. of this Explanation of Provisions, for a dis- cussion of the definition of an additional communication method. As discussed in Part I.C.1. of this Explanation of Pro- visions, the tax administration benefits for the IRS and customers requesting these requested notices should outweigh the costs to brokers of providing them because these requested notices should be short communications as opposed to potentially lengthy 1099-DA statements. Finally, proposed §1.6045-1(k)(5)(ii) (B)(4) would require these requested notices include the following statement in capital letters, “IMPORTANT TAX RETURN DOCUMENT AVAILABLE.” In addition, the email to which a 1099- DA statement is attached must include this statement on the subject line of the email. If the customer requests a requested notice, this statement must be included prominently in the message of that requested notice. This rule is included to ensure that these customers are made aware that they have received these important communications. 3. Undeliverable Communications Regarding 1099-DA Statements Proposed §1.6045-1(k)(5)(ii)(A)(2) and (k)(5)(ii)(B)(2) set forth rules for what a broker must do if the broker’s elec- tronically delivered notice or transmittal is returned to the broker as undeliverable. a. Communications regarding posted 1099-DA statements Under proposed §1.6045-1(k)(5)(ii) (A)(2), if a broker’s electronically deliv- ered notice regarding an original 1099- DA statement posted to an electronically accessible specified location is returned to the broker as undeliverable, the bro- ker would generally be required to send the notice by mail or private delivery service within 30 days of receiving that undeliverable response. Under proposed §1.6045-1(k)(5)(ii)(A)(2)(ii), the bro- ker would be able to avoid sending the notice by mail or private delivery service if the broker resends the emailed notice to a corrected email address for the cus- tomer within 30 days of the receipt of the undeliverable communication and that resent notice is not returned as undeliv- erable. These rules are included to ensure that the customer will receive the notice regarding the 1099-DA statement in a timely fashion. Proposed §1.6045-1(k)(5)(ii)(A)(3) would require the broker to send a notice regarding the posting of a corrected 1099- DA statement by mail or private delivery service if the broker previously received a communication that the original notice (regarding the original 1099-DA state- ment) was returned as undeliverable and the broker was unable to obtain a correct email address for the customer. This pro- posed rule requiring the mailing of the notice in this case is similar to the notice requirement rule for corrected W-2 payee Bulletin No. 2026–13 747 March 23, 2026 statements in §31.6501-1(j)(5)(iii). 10 Unlike the rules in §31.6501-1(j)(5)(iii), proposed §1.6045-1(k)(5)(ii)(A)(3) would enable a broker to avoid sending the notice regarding the posting of a corrected 1099- DA statement by mail or private delivery service if the broker sends the customer within five business days of the posting of the corrected 1099-DA statement an email notice regarding that statement to a cor- rected email address for the customer that is not returned as undeliverable. These rules are included in these proposed reg- ulations to ensure that the customer will receive the notice regarding the corrected 1099-DA statement in a timelier fashion. The Treasury Department and the IRS considered but declined to propose a rule that would allow brokers that send requested notices to customers to avoid mailing notices to customers when emailed notices are returned as undeliverable for several reasons. First, mail and email are the most common communication meth- ods, with most digital asset customers at least aware that unexpected communica- tions could be sent in this manner. Second, many of the additional communication methods do not have an undeliverable fea- ture that would enable the broker to know whether the customer received the com- munication. Third, while brokers might be able to use technology to determine if the communication was opened, monitoring which customers opened these communi- cations would likely be more burdensome than mailing the notices. Comments are requested regarding the reliability of these other communication methods in making the customer aware of their important tax documents. b. Communications regarding direct transmittals of 1099-DA statements As discussed in Part I.C.2. of this Explanation of Provisions, the 2004 Final Regulations under section 6051 did not provide any rules for brokers that attach payee statements to emails. Because it is important to provide brokers with clear rules for whichever qualified electronic delivery method they adopt, these pro- posed regulations would include rules for brokers that furnish 1099-DA statements by attaching them to emails that are sim- ilar to those that apply to brokers that furnish 1099-DA statements by posting them to electronically accessible spec- ified locations. Accordingly, proposed §1.6045-1(k)(5)(ii)(B)(1) would require the email to which the 1099-DA statement is attached to contain information similar to that which the notice required under proposed §1.6045-1(k)(5)(ii)(A)(1) would be required to contain. Additionally, under proposed §1.6045-1(k)(5)(ii)(B)(2), if a broker’s direct transmittal of an origi- nal 1099-DA statement is returned to the broker as undeliverable, the broker would be required to send the original 1099- DA statement to the customer by mail or private delivery service within 30 days of receiving that undeliverable response unless the broker sends another email to which the 1099-DA statement is attached within five business days of receipt of the undeliverable communication to a cor- rected email address for the customer that is not returned as undeliverable. The Treasury Department and the IRS are aware that the consequence of an undeliverable direct transmittal of a 1099- DA statement by email under this rule could be costly if the broker is unable to obtain a corrected email address for the customer that is not returned as undeliver- able because the broker would be required to provide a paper 1099-DA statement to the customer. Comments are requested regarding whether brokers anticipate using the direct transmittal method of delivery, whether this consequence of an undeliverable direct transmittal of a 1099- DA statement makes the direct transmittal method not viable, and whether the direct transmittal method should be removed from the final regulations as a qualified electronic delivery method. Comments are also requested regarding whether there are other less burdensome alternatives for brokers choosing to furnish 1099-DA statements using the direct transmittal method when emails to which the 1099- DA statements are attached are returned as undeliverable. Finally, comments are requested addressing whether there are any other methods of electronically deliv- ering the 1099-DA statements that should be included as a qualified electronic deliv- ery method. 4. Corrected 1099-DA Statements The regulations under §31.6051- 1(j) include rules for furnishers that are required to furnish corrected payee state- ments. Specifically, under §31.6051-1(j) (5)(iii), if the furnisher electronically fur- nished the original payee statement, the furnisher must also electronically furnish the corrected payee statement. The pro- posed rules adopt a similar rule for bro- kers required to furnish corrected 1099- DA statements. Thus, under proposed §1.6045-1(k)(5)(ii), if a broker has cor- rected a customer’s 1099-DA statement, the broker would be required to furnish the corrected 1099-DA statement using the same delivery method that the bro- ker used to furnish the original 1099-DA statement for that delivery method to be treated as a qualified electronic delivery method. Additionally, under the proposed reg- ulations, any required or requested notice that the broker was required to provide to the customer regarding the availability of the original 1099-DA statement (either because it has been posted to an elec- tronically accessible specified location or directly transmitted) must also be provided with respect to the availability of the cor- rected 1099-DA statement. See proposed §1.6045-1(k)(5)(ii)(A)(3) and (k)(5)(ii) (B)(3). In addition, proposed §1.6045- 1(k)(5)(ii)(A)(3) and (k)(5)(ii)(B)(3) would require the broker to provide any required and requested notices regarding the availability of the corrected 1099-DA statement within five business days from the date the corrected 1099-DA statement has either been posted to an electronically accessible specified location or attached to, or otherwise included with, an email sent to the customer. This five-business day rule, instead of the 30-day rule gen- erally applicable to communications relat- ing to the original 1099-DA statement, is proposed to provide customers enough time to prepare and timely file their tax returns after receiving the corrected 1099- 10 Section 4.6 of Publication 1179 does not specifically address the notice requirements for corrected payee statements, but cross references readers to §31.6051-1(j) for more information. March 23, 2026 748 Bulletin No. 2026–13 DA statements. Accordingly, under these proposed rules, if the original 1099-DA statement was posted on the broker’s website, then the broker must also post the corrected 1099-DA statement on the bro- ker’s website and provide to the customer the required notice and, if applicable, the requested notice regarding that corrected posting within five business days of that posting. Alternatively, if the original 1099-DA statement was directly transmit- ted to a customer, the broker must directly transmit the corrected 1099-DA statement and, if applicable, the requested notice notifying the customer of that transmittal, within five business days of that trans- mittal. Comments are requested regard- ing the shortened notice requirement for corrected 1099-DA statements. See Part I.C.3. of this Explanation of Provisions for a discussion of the broker’s obliga- tions with respect to the corrected 1099- DA statement if a previous email regard- ing the original 1099-DA statement was returned as undeliverable. D. Continuing disclosures The rules under §31.6051-1(j)(3) and the guidance under section 4.6.2 of Publi- cation 1179 do not include any continuing disclosure requirements after consent is given. However, because certain infor- mation that is included in the pre-consent disclosure as well as certain other infor- mation is more relevant to customers after the consent is provided, this information should be available to customers on an ongoing basis (continuing disclosures) after consent is provided so that custom- ers can get the answers to their ques- tions or change their contact information when appropriate. Accordingly, proposed §1.6045-1(k)(5)(iv)(A) would require the broker to provide a location, such as on the broker’s website, mobile device appli- cation, or other online platform, where customers can generally find updated versions of the pre-consent disclosure information proposed §1.6045-1(k)(5)(iii) (C)(1) through (7) through the period of time that customers would need to access their 1099-DA statements. See Part I.B.3. of this Explanation of Provisions for a discussion of this pre-consent disclosure information and Part I.F. of this Explana- tion of Provisions for a discussion of the access period through which this updated information should be provided. In addition, proposed §1.6045-1(k)(5) (iv)(A) would also require the broker to provide to the customer on an ongoing basis four additional items of informa- tion that are typically not relevant to the customer at the time of consent. Proposed §1.6045-1(k)(5)(iv)(A) would permit the information included in the continuing disclosures to generally be provided by the broker to the customer on the broker’s website, mobile device application, or other online platform. Like the concern discussed in Part I.B.3. of this Explanation of Provisions with respect to customers that transact with brokers exclusively through one or more physical electronic terminals or kiosks and customers that transact with PDAP brokers, the Treasury Department and the IRS are concerned that these customers will not have access to the continuing disclosures if they are made available only on the broker’s website, mobile device application, or other online platform. Accordingly, to ensure that these customers have access to the continuing disclosures, proposed §1.6045-1(k)(5) (iv)(A) would provide that PDAP brokers and brokers that transact exclusively with a customer through one or more physical electronic terminals or kiosks must also provide the continuing disclosures to their customer by email, mail, or private deliv- ery service within five business days of the customer’s explicit action to provide consent. Additionally, if a PDAP broker or a broker that transacts exclusively with a customer through one or more physical electronic terminals or kiosks updates the information in the continuing disclosures, proposed §1.6045-1(k)(5)(iv)(A) would provide that the broker must also provide updated versions of the continuing disclo- sures to the customer by email, mail, or private delivery service within five busi- ness days of posting the updated version of the continuing disclosures to the bro- ker’s website, mobile device application, or other online platform. Finally, to the extent the customer requested to receive the disclosure statement using an addi- tional communication method at the time of consent or anytime thereafter, proposed §1.6045-1(k)(5)(iv)(A) would require the broker to also send the continuing disclo- sure statement and any updated versions of that statement to the customer using the additional communication method requested by the customer. See Part I.C. of this Explanation of Provisions for a dis- cussion of why customers should be given the opportunity to request that these dis- closure statements be sent using an addi- tional communication method. Comments are requested regarding this additional requirement for continuing disclosures for PDAP brokers and brokers that transact with customers exclusively through one or more physical terminals or kiosks. The additional information that would be included in the continuing disclosures are described in proposed §1.6045-1(k) (5)(iv)(B) through (E). First, proposed §1.6045-1(k)(5)(iv)(B) would require the broker to provide a description of the procedures for customers to update the information needed by the broker to send the customer the required and requested notices that the 1099-DA statement has been posted to a specified location that is electronically accessible, the email to which the 1099-DA statement is attached, or the requested notice informing the customer that the customer’s 1099-DA statement has been transmitted. Second, proposed §1.6045-1(k)(5)(iv)(C) would require the broker to provide the broker’s contact information in the event the cus- tomer has questions about the consent or about the customer’s 1099-DA statement. Third, proposed §1.6045-1(k)(5)(iv) (D) would require the broker to provide a description of the procedures for ask- ing for the requested notices required to be offered by proposed §1.6045-1(k)(5) (ii)(A)(1) (that the customer’s 1099-DA statements have been posted to an elec- tronically accessible specified location) or by proposed §1.6045-1(k)(5)(ii)(B)(1) (that the customer’s 1099-DA statement has been transmitted) using an additional communication method. Finally, for bro- kers that will furnish 1099-DA statements by posting them to an electronically accessible specified location, proposed §1.6045-1(k)(5)(iv)(E) would require the broker to provide information about the period of time that the broker will keep 1099-DA statements and corrected 1099- DA statements posted to that specified location. This must include the date when the 1099-DA statements will no longer Bulletin No. 2026–13 749 March 23, 2026 be available at the specified location and a description of the procedures for cus- tomers to obtain 1099-DA statements and corrected 1099-DA statements that are no longer available at the specified location. E. Format Like the format requirement in §31.6051-1(j)(4), proposed §1.6045-1(k) (5)(v) would require that the electronic version of a 1099-DA statement furnished to a customer contain all required infor- mation and comply with applicable reve- nue procedures relating to substitute state- ments. F. Access period Once electronically furnished 1099- DA statements have been posted to an electronically accessible specified loca- tion, such as the broker’s website, mobile device application, or other online plat- form, it is essential that 1099-DA state- ments remain available for customers’ use throughout the tax return filing season. Accordingly, similar to the access rules provided in §31.6051-1(j)(6), proposed §1.6045-1(k)(5)(vi) would require bro- kers to maintain access for customers to 1099-DA statements posted on a website through October 15 of the year following the calendar year to which the 1099-DA statements relate. Additionally, proposed §1.6045-1(k)(5)(vi) would require brokers to maintain access for customers to cor- rected 1099-DA statements that are posted on the broker’s website through October 15 of the year following the calendar year to which the statements relate or the date that is 90 days after the corrected state- ments are posted, whichever is later. The normal rules under section 7503 of the Code for when the last day prescribed for performing an act falls on a Saturday, Sunday, or a legal holiday would apply to these deadlines. Thus, for example, if October 15 falls on a Saturday, Sunday, or legal holiday, the 1099-DA statements would be required to be retained on the broker’s website until the first business day after such October 15. Finally, it is important that customers seeking to amend their timely filed tax returns have access to their 1099-DA state- ments during the general three-year period of limitations on assessment under sec- tion 6501(a) and also during the six-year period of limitations on assessment under section 6501(e) for substantial omissions from gross income. These statute of lim- itations periods will generally begin to apply for most individual taxpayers after the April 15 filing due date for Federal income tax returns. Accordingly, because the due date for furnished 1099-DA state- ments is February 15 of the calendar year following the year of the digital asset sale transaction, proposed §1.6045-1(k)(5)(vi) would require brokers to retain and make available to customers upon request pre- viously furnished 1099-DA statements for seven years from the date the 1099-DA statements are required to be furnished or (if later) the date that the 1099-DA state- ments are actually furnished to ensure that their customers will have access to all the records they need during the six years that the period of limitations is open. Requir- ing brokers to provide access to these statements for seven years from their furnishing would also assist taxpayers who have not complied with Federal tax return filing obligations, and for whom the statute of limitations is open indefinitely under section 6501(c)(3). Seven years strikes a reasonable balance for individual taxpayer compliance and the burden on brokers for retaining this information. Comments are requested regarding whether this additional retention require- ment creates any undue burdens for bro- kers. II. Electronic Furnishing of Consolidated Reporting Statements The proposed regulations generally leave in place the existing consolidated reporting statement rules in §1.6045-1(k) (3), which requires that any furnished statements included with a consolidated reporting statement required to be fur- nished under section 6045 be based on the same relationship of broker or barter exchange to customer as the statement required to be furnished under section 6045. Proposed §1.6045-1(k)(3) would amend existing §1.6045-1(k)(3) by adding paragraph headings to existing §1.6045- 1(k)(3)(i) and (ii). Proposed §1.6045-1(k)(3)(iii) would add rules regarding when a consolidated reporting statement is permitted to be furnished electronically. Under these proposed rules, a broker would be per- mitted to furnish a consolidated report- ing statement in an electronic format in lieu of on paper if it has obtained consent from the customer under the applicable rules for consent for each of the state- ments to be included in the consolidated reporting statement. Therefore, to com- bine a 1099-B statement with respect to a sale of stock and a 1099-DA statement with respect to a sale of digital assets in an electronically furnished consolidated reporting statement, the broker would need to obtain consent from the customer with respect to the electronic furnishing of the 1099-B statement under the guid- ance set forth in section 4.6.2 of Pub- lication 1179 (which generally follows the rules under §31.6051-1(j)) and con- sent from the customer with respect to the electronic furnishing of the 1099-DA statement either under the guidance set forth in section 4.6.2 of Publication 1179 or the rules set forth in proposed §1.6045- 1(k)(5). Proposed §1.6045-1(k)(5)(vii) would provide an example illustrating the application of this rule to facts involv- ing a broker required to furnish both a 1099-B statement and a 1099-DA state- ment to the same customer. Comments are requested regarding whether the receipt from the same broker of a paper statement with respect to some payments and an electronic statement with respect to other payments could potentially lead to confusion for customers and whether brokers should be required to include a clear communication with each statement in such circumstances that another state- ment will be provided separately to mini- mize the risk of confusion. III. Electronic Furnishing of 1099-B Statements and Other Payee Statements The cost of furnishing 1099-B state- ments and other payee statements on paper can also result in compliance bur- dens to brokers. This is particularly true when customers engage in significant daily, and in some cases algorithmic, trading. However, unlike transactions involving digital assets, which are almost exclusively conducted through electronic means by a population comfortable trans- March 23, 2026 750 Bulletin No. 2026–13 acting in such medium, it is likely that some investors who engage in securities and commodities transactions will not have a similar level of comfort. Because it is essential to effective tax administra- tion that all investors, including those uncomfortable with website technol- ogy, mobile device applications or other online platforms, or emailed attachments, have the ability to conveniently access their furnished 1099-B statements, these proposed regulations would only apply to brokers that are required to furnish 1099- DA statements reflecting information reportable to the IRS on Form 1099-DA and would not apply to any other payee statements. The sale by a customer of an inter- est in a widely held fixed investment trust (WHFIT) that holds digital assets is reported to the IRS on Form 1099-B instead of on Form 1099-DA, and brokers are not required to furnish statements to customers reflecting information report- able to the IRS on Form 1099-DA. Accordingly, these new proposed con- sent rules would not apply to brokers that report information regarding their cus- tomers’ sales of interests in WHFITs that hold digital assets to the IRS on Form 1099-B. The Treasury Department and the IRS are, however, considering whether to propose less burdensome consent proce- dures for customers that receive a 1099-B statement and recipients that receive cer- tain other payee statements. To facilitate the receipt of comments from the public regarding the issues involved with elec- tronic furnishing of 1099-B statements and certain other payee statements more broadly, Notice 2026-4 is being issued contemporaneously with these proposed regulations to request comments on the broader issues involved in these other circumstances. This notice will be pub- lished in the Internal Revenue Bulletin. Comments regarding these other payee statements should not be submitted in response to these proposed regulations but instead should be submitted in accordance with the instructions provided in Notice 2026-4. Comments submitted on 1099-B statements or other payee statements will not be considered or incorporated into any final regulation that results from these proposed regulations. Applicability Dates The proposed regulations would apply to 1099-DA statements required to be fur- nished on or after January 1 of the calen- dar year immediately following [date of publication of final regulations in the Fed- eral Register]. Special Analyses I. Regulatory Planning and Review These proposed regulations are not subject to review under section 6(b) of Executive Order 12866 pursuant to the Memorandum of Agreement (July 4, 2025) between the Treasury Department and the Office of Management and Budget regarding review of tax regulations. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) generally requires that a Federal agency obtain the approval of the Office of Management and Budget (OMB) before collecting infor- mation from the public, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the OMB. The collection of information in these proposed regulations contain third party information reporting and recordkeeping requirements. The collection of informa- tion contained in proposed §1.6045-1(k) is required only if a person required to fur- nish a taxpayer with a 1099-DA statement chooses to furnish that statement elec- tronically under the proposed regulations instead of on paper or electronically under existing guidance set forth in Publication 1179 permitting electronic furnishing of payee statements. The collected informa- tion will be used by the broker to deter- mine whether the broker’s customer has consented to receive the 1099-DA state- ment electronically. Additionally, if a bro- ker’s customer has consented to receive the 1099-DA statement electronically, proposed §1.6045-1(k) would require the retention of information for a period that is longer than the access period required under §1.6051-1(j)(6) and set forth in sec- tion 4.3.6 of Publication 1179. The proposed regulations mention third party information reporting and record- keeping requirements related to the disposi- tion of digital assets, as detailed in §1.6045- 1(k). The burden for these requirements is included with the Form and Instructions for Form 1099-DA, Digital Asset Proceeds From Broker Transactions. The Form and Instructions for Form 1099-DA are already approved by OMB under control number 1545-2330. These proposed regulations are not creating or changing these already approved collections. III. Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby certi- fied that this proposed regulation will not have a significant economic impact on a substantial number of small entities. The proposed regulation would affect bro- kers, which may meet the definition of “small entity” in 5 U.S.C. 601(6). How- ever, because these proposed regulations would provide brokers with an additional option for electronically furnishing payee statements, the certification is based on this proposed regulation not imposing any additional obligations on small enti- ties than that which is already imposed by existing regulations and Form 1099-DA. IV. Submission to Small Business Administration Pursuant to section 7805(f), this notice of proposed rulemaking has been submit- ted to the Chief Counsel for the Office of Advocacy of the Small Business Adminis- tration for comment on its impact on small business. V. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal man- date that may result in expenditures in any one year by a State, local, or Tribal gov- ernment, in the aggregate, or by the pri- vate sector, of $100 million in 1995 dol- Bulletin No. 2026–13 751 March 23, 2026 lars, updated annually for inflation. This proposed regulation does not include any Federal mandate that may result in expen- ditures by State, local, or Tribal govern- ments, or by the private sector in excess of that threshold. VI. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Execu- tive order. This proposed regulation does not have federalism implications, does not impose substantial direct compliance costs on State and local governments, and does not preempt State law within the meaning of the Executive order. Comments and Requests for a Public Hearing Before these proposed amendments to the regulations are adopted as final regu- lations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in this preamble under the ADDRESSES heading. The Treasury Department and the IRS request com- ments on all aspects of the proposed rules. All comments that are submitted by the public will be made available at https:// www.regulations.gov. Once submitted to the Federal eRulemaking Portal, com- ments cannot be edited or withdrawn. A public hearing will be scheduled if requested in writing by any person who timely submits electronic or written com- ments. Requests for a public hearing also are encouraged to be made electronically. If a public hearing is scheduled, notice of the date and time for the public hearing will be published in the Federal Register. Statement of Availability of IRS Documents IRS Revenue Procedures, Revenue Rulings, Notices and other guidance cited in this document are published in the Inter- nal Revenue Bulletin and are available from the Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402, or by visiting the IRS website at https://www.irs.gov. Drafting Information The principal authors of these reg- ulations are Roseann Cutrone and Jes- sica Chase, Office of the Associate Chief Counsel (Procedure and Administration). However, other personnel from the Trea- sury Department and the IRS participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 1 as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by removing the first occurrence of the entry for §1.6045-1 to read in part as follows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.6045-1 also issued under 26 U.S.C. 6045(a). * * * * * Par. 2. Section 1.6045-0 is amended by, in the table of contents for §1.6045-1: 1. Adding entries for paragraphs (k)(3) (i) through (iv); 2. Removing and reserving the entry for paragraph (k)(4); and 3. Adding entries for paragraphs (k)(5) through (7). The revisions and additions read as fol- lows: §1.6045-0 Table of contents. * * * * * §1.6045-1 Returns of information of brokers and barter exchanges. * * * * * (k) * * * (3) * * * (i) In general. (ii) Due date for furnishing consoli- dated reporting statements. (iii) Electronic furnishing of consoli- dated reporting statements. (iv) Examples. * * * * * (5) Electronic furnishing of 1099-DA statements. (i) In general. (ii) Qualified electronic delivery method. (A) Posted to an electronically accessi- ble specified location. (1) In general. (2) Undeliverable address. (3) Corrected 1099-DA statement. (4) Required information for notices. (B) Direct transmittal. (1) In general. (2) Undeliverable address. (3) Corrected 1099-DA statement. (4) Required information for emails and notices. (C) Additional communication method. (iii) Consent. (A) In general. (B) Change in hardware or software requirements. (C) Disclosure statement. (1) Scope of consent. (2) Hardware and software require- ments. (3) Qualified electronic delivery method. (4) Notification method. (5) Consequences of non-consent. (6) Withdrawal of consent. (7) Further information. (D) Examples. (iv) Continuing disclosures. (A) In general. (B) Updating information. (C) Broker information. (D) Additional communication meth- ods for requested notices. (E) Access procedures for statements posted to an electronically accessible specified location. (v) Format. (vi) Access period for statements posted to an electronically accessible specified location. (vii) Example of rules for electronic furnishing of consolidated reporting state- ments. March 23, 2026 752 Bulletin No. 2026–13 (6) Applicability date. (7) Cross-reference to penalty. * * * * * Par. 3. Section 1.6045-1 is amended by: 1. Revising and republishing paragraph (k)(1); 2. Adding paragraph headings to para- graphs (k)(3)(i) and (ii); 3. Redesignating paragraph (k)(3)(iii) as paragraph (k)(3)(iv); 4. Adding new paragraph (k)(3)(iii); 5. In newly redesignated paragraph (k) (3)(iv), designating Examples 1 through 4 as paragraphs (k)(3)(iv)(A) through (D), respectively; 6. In newly designated paragraph (k)(3) (iv)(B), removing the language “Assume the same facts as in Example 1” and add- ing the language “The facts are the same as in paragraph (k)(3)(iv)(A) of this sec- tion (the facts in Example 1)” in its place; 7. In newly designated paragraph (k)(3) (iv)(D), removing the language “Assume the same facts as in Example 3” and add- ing the language “The facts are the same as in paragraph (k)(3)(iv)(C) of this sec- tion (the facts in Example 3)” in its place; 8. Redesignating paragraph (k)(4) as paragraph (k)(7); 9. Adding and reserving new paragraph (k)(4); and 10. Adding paragraphs (k)(5) and (6). The revisions and additions read as fol- lows: §1.6045-1 Returns of information of brokers and barter exchanges. * * * * * (k) * * * (1) General requirements. A broker or barter exchange making a return of infor- mation under this section must furnish to the person whose identifying number is (or is required to be) shown on the return (customer) a written statement showing the information required to be reported under this section and containing a leg- end stating that the information is being reported to the Internal Revenue Service. If the return of information is not made on magnetic media or in electronic form, this requirement may be satisfied by furnish- ing to the customer a copy of all Forms 1099 or any successor form for the cus- tomer filed with the Internal Revenue Ser- vice Center. A statement is considered to be furnished to a customer if it is mailed to the customer using any mail or private delivery service chosen by the broker at the last address of the person known to the broker or barter exchange. See paragraph (k)(5) of this section for rules regarding when certain written statements described in this paragraph (k)(1) may be furnished to a customer in an electronic format. * * * * * (3) * * * (i) In general. * * * (ii) Due date for furnishing consoli- dated reporting statements. * * * (iii) Electronic furnishing of consoli- dated reporting statements. A broker may furnish a consolidated reporting statement described in this paragraph (k)(3) in an electronic format in lieu of a paper format if it has met the applicable requirements for consent and other associated rules under either the procedures set forth in the applicable revenue procedures relat- ing to electronic delivery of payee state- ments generally or by following the rules set forth in paragraph (k)(5) of this section relating to electronic delivery by a broker of payee statements showing the informa- tion required to be reported to the IRS on Form 1099-DA, Digital Asset Proceeds From Broker Transactions, or successor form (1099-DA statements), as applica- ble, to be treated as furnishing each of the statements included in the consolidated reporting statements in a timely manner. * * * * * (4) [Reserved] (5) Electronic furnishing of 1099- DA statements—(i) In general. A bro- ker required by section 6045(b) and this paragraph (k) to furnish a written state- ment showing the information required to be reported to the IRS on Form 1099- DA, Digital Asset Proceeds From Broker Transactions, or successor form (1099- DA statement) to a customer may furnish the 1099-DA statement in an electronic format in lieu of a paper format either by following the procedures set forth in the applicable revenue procedures relat- ing to electronic delivery of payee state- ments or by using a qualified electronic delivery method as defined in paragraph (k)(5)(ii) of this section and meeting the requirements set forth in paragraphs (k) (5)(iii) through (vi) of this section. A bro- ker that meets the requirements set forth in paragraphs (k)(5)(iii) through (vi) of this section and that furnishes a 1099- DA statement using a qualified electronic delivery method described in paragraph (k)(5)(ii)(A)(1) of this section (posting to an electronically accessible specified loca- tion) is treated as furnishing the required 1099-DA statement on the last of the fol- lowing three dates: the date that the broker sends to the customer the required notice by email informing the customer that the customer’s 1099-DA statement has been so posted; the date that the broker sends to the customer the requested notice, if requested by the customer in the manner described in paragraph (k)(5)(ii)(A)(1) of this section; and the date that the broker posts the customer’s 1099-DA statement to an electronically accessible specified location as described in paragraph (k)(5) (ii)(A)(1) of this section. A broker that meets the requirements set forth in para- graphs (k)(5)(iii) through (vi) of this sec- tion and who furnishes a 1099-DA state- ment using a qualified electronic delivery method described in paragraph (k)(5)(ii) (B)(1) of this section (direct transmittal) is treated as furnishing the required 1099- DA statement on the later of the date that such transmittal is sent to the customer or the date that the broker sends to the customer the requested notice informing the customer that the customer’s 1099- DA statement has been transmitted as described in paragraph (k)(5)(ii)(B)(1) of this section, if requested by the customer in the manner described in paragraph (k) (5)(ii)(B)(1) of this section. (ii) Qualified electronic delivery method. For purposes of this paragraph (k) (5), a qualified electronic delivery method means either of the delivery methods described in paragraphs (k)(5)(ii)(A) and (B) of this section. If the broker has cor- rected a customer’s 1099-DA statement, to be treated as furnishing the corrected 1099-DA statement using a qualified electronic delivery method, the corrected 1099-DA statement must be furnished using the same qualified electronic deliv- ery method by which the original 1099- DA statement was furnished. (A) Posted to an electronically acces- sible specified location—(1) In general. A qualified electronic delivery method means the posting of a 1099-DA state- Bulletin No. 2026–13 753 March 23, 2026 ment to an electronically accessible spec- ified location, such as the broker’s web- site, mobile device application, or other online platform, if the broker provides the customer with a notice containing the information described in paragraph (k)(5) (ii)(A)(4) of this section that the 1099- DA statement has been posted. Except as provided in paragraph (k)(5)(ii)(A)(2) of this section, this notice must be sent to the customer by email. In addition, the broker must provide the customer with the oppor- tunity to receive another notice from the broker using an additional communication method described in paragraph (k)(5)(ii) (C) of this section if requested by the cus- tomer not later than the end of the calen- dar year to which the 1099-DA statement relates (requested notice). (2) Undeliverable address. Except in the case of a notice that a corrected 1099- DA statement has been posted to an elec- tronically accessible specified location, the broker must furnish to the customer a notice that an original 1099-DA state- ment has been posted to the electronically accessible specified location by any mail or private delivery service chosen by the broker within 30 days after an emailed notice is returned to the broker as unde- liverable unless prior to that date the bro- ker sends to the customer another email notice to a corrected email address that is not returned as undeliverable. (3) Corrected 1099-DA statement. If the broker has corrected a customer’s 1099-DA statement, the broker must pro- vide the customer with notice that the cor- rected 1099-DA statement has been posted to the electronically accessible specified location within five business days of such posting. The broker must send this notice to the customer by email. In addition, if the customer asked for a requested notice described in paragraph (k)(5)(ii)(A)(1) of this section, the broker must also send the notice regarding the posting of the cor- rected 1099-DA statement to the customer using the same additional communica- tion method as that used for the requested notice regarding the original 1099-DA statement. A notice that a corrected 1099- DA statement has been posted to the elec- tronically accessible specified location must be sent to the customer using any mail or private delivery service chosen by the broker if the emailed notice regard- ing the original 1099-DA statement was returned as undeliverable unless the bro- ker sends within five business days of such posting an email notice regarding the corrected 1099-DA statement to a cor- rected email address for the customer that is not returned as undeliverable. (4) Required information for notices. Any notice required by paragraphs (k)(5) (ii)(A)(1) through (3) of this section must include instructions on how to access, download, and print the 1099-DA state- ment. The notice must also include the following statement in capital letters, “IMPORTANT TAX RETURN DOCU- MENT AVAILABLE.” A notice provided by email must include the foregoing state- ment on the subject line of the email. A requested notice described in paragraph (k)(5)(ii)(A)(1) of this section must include the foregoing statement promi- nently in the message of that requested notice. (B) Direct transmittal—(1) In general. A qualified electronic delivery method also includes the transmittal of a 1099- DA statement directly to the customer by means of being attached to, or other- wise included with, an email containing the information described in paragraph (k)(5)(ii)(B)(4) of this section. A broker that transmits the 1099-DA statement to the customer under this paragraph (k) (5)(ii)(B)(1) must offer the customer the opportunity to request a notice from the broker informing the customer that the customer’s 1099-DA statement has been transmitted by email (requested notice). If this notice is requested by the customer by the end of the calendar year to which the 1099-DA statement relates, the broker must send the requested notice to the cus- tomer using the customer’s choice of addi- tional communication methods described in paragraph (k)(5)(ii)(C) of this section. This requested notice must also contain the information described in paragraph (k) (5)(ii)(B)(4) of this section. (2) Undeliverable address. Except in the case of a direct transmittal of a cor- rected 1099-DA statement, the broker must furnish the original 1099-DA state- ment to the customer using any mail or private delivery service chosen by the broker within 30 days after the email to which the 1099-DA statement is attached is returned as undeliverable unless the broker sends another email to which the 1099-DA statement is attached within five business days of receipt of the unde- liverable communication to a corrected email address for the customer that is not returned as undeliverable. (3) Corrected 1099-DA statement. If the broker has transmitted a corrected 1099-DA statement to a customer that has asked for a requested notice described in paragraph (k)(5)(ii)(B)(1) of this section by the end of the calendar year to which the 1099-DA statement relates, the broker must also provide that customer within five business days of the transmittal with the requested notice of the transmittal of the corrected 1099-DA statement using the same additional communication method as that used for the requested notice regarding the original 1099-DA statement. The broker must furnish a corrected 1099-DA statement using any mail or private delivery service chosen by the broker if the email to which the original 1099-DA statement was attached was returned as undeliverable unless the broker sends another email to which the corrected 1099-DA statement is attached within five business days of receipt of the undeliverable communication to a cor- rected email address for the customer that is not returned as undeliverable. (4) Required information for emails and notices. An email to which a 1099-DA statement is attached and any requested notice required by paragraphs (k)(5)(ii) (B)(1) and (3) of this section must include instructions on how to access, download, and print the 1099-DA statement. The email to which a 1099-DA statement is attached and the requested notice must also include the following statement in capital letters, “IMPORTANT TAX RETURN DOCUMENT AVAILABLE.” The email to which a 1099-DA statement is attached must include the foregoing statement on the subject line of the email. A requested notice described in paragraph (k)(5)(ii)(B) (1) of this section must include the forego- ing statement prominently in the message of that requested notice. (C) Additional communication method. For purposes of this section, a commu- nication will be treated as sent using an additional communication method if the broker sends the communication to the customer using the customer’s choice of March 23, 2026 754 Bulletin No. 2026–13 physical delivery in the manner described in paragraph (k)(5)(ii)(C)(2) of this sec- tion or, to the extent offered by the broker, electronic delivery to the locations in the manner described in paragraph (k)(5)(ii) (C)(1) of this section. (1) Electronic delivery. A communica- tion is sent by electronic delivery if it is sent to any of the following locations-- (i) To the customer’s cellular phone number; (ii) To the customer’s in-account mes- saging system with the broker (including in-application and in-website messaging); (iii) To the customer’s cellular device in a manner that can be viewed when the customer’s account application with the broker is not open; (iv) To any other electronic messaging address. (2) Physical delivery. A communica- tion is sent by physical delivery if it sent by way of any mail or private delivery ser- vice chosen by the broker. (iii) Consent—(A) In general. The cus- tomer must positively consent to receive the 1099-DA statement in an electronic format. The consent may be made elec- tronically in any manner that requires the customer to take an explicit action to pro- vide consent, such as by checking a box, clicking a button, or completing a fill-in screen. The customer’s consent to receive the 1099-DA statement in an electronic format must relate solely to the 1099-DA statement and be separate from any other consent provided by the customer. In addi- tion, prior to, or at the time of, a custom- er’s consent, the broker must provide to the customer a clear and conspicuous dis- closure statement in the manner set forth in paragraph (k)(5)(iii)(C) of this section, containing each of the disclosures set forth in paragraphs (k)(5)(iii)(C)(1) through (7) of this section. (B) Change in hardware or software requirements. If the broker intends to adopt a change in the method by which the customer will need to access, down- load, and print the 1099-DA statement furnished in the electronic format, includ- ing the hardware or software the customer will need to conduct these functions, and that change creates a material risk that the customer would need to purchase or otherwise obtain new hardware or acquire or otherwise download new software to access the 1099-DA statement in the new electronic format, before implementing the change, the broker must obtain a new consent to receive the 1099-DA state- ment in the new electronic format from the customer in the manner described in paragraph (k)(5)(iii)(A) of this section and must provide to the customer a disclosure statement containing updated disclosures of the information set forth in paragraph (k)(5)(iii)(C) of this section through the access period described in paragraph (k) (5)(vi) of this section with respect to that customer. (C) Disclosure statement. The clear and conspicuous disclosure statement required to be provided to the customer prior to, or at the time of, a customer’s consent pursu- ant to paragraph (k)(5)(iii)(A) of this sec- tion, may be provided by the broker in any manner that is part of the consent solici- tation, including as a link to another page on the broker’s website, mobile device application, or other online platform. Notwithstanding the previous sentence, a broker that transacts with a customer exclusively through one or more physical electronic terminals or kiosks and a bro- ker that effects sales of digital assets for a customer as a processor of digital asset payments as defined in paragraph (a)(22) of this section must also send this disclo- sure statement to the customer by email or using any mail or private delivery service chosen by the broker within five business days of the customer’s explicit action to provide consent as described in paragraph (k)(5)(iii)(A) of this section. Additionally, the broker must provide the customer with the opportunity to receive the disclosure statement using an additional communi- cation method described in paragraph (k) (5)(ii)(C) of this section if requested by the customer at the time of consent. The disclosure statement provided to the cus- tomer prior to, or at the time of, a custom- er’s consent must include the information described in paragraphs (k)(5)(iii)(C)(1) though (7) of this section. (1) Scope of consent. The disclosure statement must inform the customer that the provided consent shall apply to all 1099-DA statements required to be fur- nished by the broker. (2) Hardware and software require- ments. The disclosure statement must describe the method by which the cus- tomer will need to access, download, and print the 1099-DA statement furnished in the electronic format, including the hard- ware or software the customer will need to conduct these functions. (3) Qualified electronic delivery method. The disclosure statement must describe the specific qualified electronic delivery method that the broker will use to furnish the 1099-DA statement to the customer. (4) Notification method. If the broker will furnish the 1099-DA statement using a qualified electronic delivery method described in paragraph (k)(5)(ii)(A) of this section (posting to an electronically accessible specified location), the dis- closure statement must specify that the broker will notify the customer by email that the 1099-DA statement has been posted to the electronically accessible specified location and that the customer may ask for a requested notice described in paragraph (k)(5)(ii)(A)(1) of this sec- tion using an additional communication method pursuant to procedures set forth at a location described in paragraph (k) (5)(iii)(C)(7) of this section. The dis- closure statement must also provide that the customer may change the additional communication method selected for this requested notice pursuant to procedures set forth at a location described in para- graph (k)(5)(iii)(C)(7) of this section. If the broker will furnish the 1099-DA state- ment using a qualified electronic delivery method described in paragraph (k)(5)(ii) (B)(1) of this section (direct transmit- tal), the disclosure statement must offer the customer the opportunity to ask for a requested notice using an additional com- munication method informing the cus- tomer that the customer’s 1099-DA state- ment has been transmitted. The disclosure statement must provide that the customer may change the additional communication method selected for this requested notice pursuant to procedures set forth at a loca- tion described in paragraph (k)(5)(iii)(C) (7) of this section. (5) Consequences of non-consent. If the broker intends to limit the services available to a customer that does not pro- vide consent, such as not effecting future sales for the customer, the disclosure statement must inform the customer of this intention. Bulletin No. 2026–13 755 March 23, 2026 (6) Withdrawal of consent. If the bro- ker does not offer the customer the oppor- tunity to withdraw a previously provided consent, the disclosure statement must inform the customer of this intention. Additionally, if the broker does offer the customer the opportunity to withdraw a previously provided consent, the disclo- sure statement must inform the customer of the procedures the customer must fol- low to withdraw a previously provided consent and when such withdrawal will be effective. (7) Further information. The state- ment must describe the location, such as on the broker’s website, mobile device application, or other online platform, where the customer can find the informa- tion included in the disclosure statement described in this paragraph (k)(5)(iii)(C) after providing the consent described in paragraph (k)(5)(iii)(A) of this section. (D) Examples. The following examples illustrate the rules of this paragraph (k)(5) (iii): (1) Example 1—(i) Facts. Broker (B) is a bro- ker that operates a digital asset trading platform and provides hosted wallet services for customers. B’s general terms and conditions shown to all custom- ers using B’s website or mobile device application include a “check box” which all customers must check to provide their agreement. During calendar year 1 (CY1), to obtain customer consent to receiv- ing 1099-DA statements in an electronic format, B updates its general terms and conditions to include a clear and concise disclosure statement that provides the information described in paragraphs (k)(5)(iii) (C)(1) through (7) of this section. The updated gen- eral terms and conditions include a separate “check box” which all customers must check to provide their consent to receiving 1099-DA statements in an elec- tronic format. Customer J (J) accesses B’s mobile device application to make a transaction and checks a “check box” to agree to B’s general terms and con- ditions and also checks the “check box” to consent to receiving 1099-DA statements in an electronic format. (ii) Analysis. B’s updated terms and conditions disclose to J all the information described in para- graphs (k)(5)(iii)(C)(1) through (7) of this section. Accordingly, B has satisfied the disclosure require- ments set forth in paragraph (k)(5)(iii)(C) of this section. Additionally, by checking a box that relates solely to consenting to receiving 1099-DA state- ments in an electronic format and that is separate from any other consent provided by the customer, J has positively consented to receiving J’s 1099-DA statements in an electronic format as required under paragraph (k)(5)(iii)(A) of this section. (2) Example 2—(i) Facts. Broker (F) is a broker that operates a digital asset trading platform and pro- vides hosted wallet services for customers. During calendar year 1 (CY1), F adds a pop-up screen that is shown to all customers and potential customers using F’s website or mobile device application seek- ing consent from such customers to receiving 1099- DA statements in an electronic format. The pop-up screen includes a clear and concise disclosure state- ment that provides the information described in para- graphs (k)(5)(iii)(C)(1) through (7) of this section. The pop-up screen includes an “I agree” button that is separate from any other consent provided by the customer and on which all customers and potential customers must click to provide their consent. Cus- tomer R accesses F’s mobile device application to make a transaction and clicks on the “I agree” button. (ii) Analysis. F’s pop-up screen discloses to R all the information described in paragraphs (k)(5)(iii) (C)(1) through (7) of this section. Accordingly, F has satisfied the disclosure requirements set forth in paragraph (k)(5)(iii)(C) of this section. Additionally, by clicking on the “I agree” button on F’s pop-up screen, which is separate from any other consent pro- vided by the customer, R has positively consented to receiving R’s 1099-DA statements in an electronic format as required under paragraph (k)(5)(iii)(A) of this section. (3) Example 3—(i) Facts. The facts are the same as in paragraph (k)(5)(iii)(D)(2) of this section (the facts in Example 2), except that the disclosure statement includes a statement that F will not effect future sales for customers that do not provide their consent to receive their 1099-DA statements in an electronic format. Additionally, R does not click on the “I agree” button. (ii) Analysis. Because R did not click on the “I agree” button on F’s pop-up screen, R has not con- sented to receive the 1099-DA statements electroni- cally. Accordingly, although F may not be obligated to continue the business relationship with R, F must furnish R’s 1099-DA statements reflecting any of R’s sales previously effected by F in CY1 in a paper format. (4) Example 4—(i) Facts. The facts are the same as in paragraph (k)(5)(iii)(D)(2) of this section (the facts in Example 2), except the disclosure statement provided to the customer includes language indicat- ing that the 1099-DA statements will be furnished in XYZ electronic format and a statement that F will not effect future sales for customers that do not provide their consent to receive their 1099-DA statements in an electronic format. In calendar year 2 (CY2), after F effected digital asset sales on behalf of R, F makes the decision to change the software used to furnish the 1099-DA statements from XYZ software to ABC software. This change creates a material risk that existing customers would need to download new software to access the 1099-DA statements in the new ABC electronic format. F adds a revised pop-up screen to solicit a new consent to receiving 1099- DA statements in the new ABC electronic format. This pop-up screen will be shown to all customers and potential customers using F’s website or mobile device application. The revised pop-up screen includes a clear and concise disclosure statement that provides the updated information set forth in paragraphs (k)(5)(iii)(C)(1) through (7) of this sec- tion, including a disclosure of the software needed to access the 1099-DA statements in the new ABC elec- tronic format and a statement that F will not effect future sales for customers that do not provide their consent to receive their 1099-DA statements in the ABC electronic format. The revised pop-up screen includes an “I agree” button on which all customers and potential customers must click to provide their consent to receiving 1099-DA statements in an elec- tronic format and does not address any other issues. Customer R does not click on this “I agree” button. (ii) Analysis. Because R did not click on the “I agree” button, R has not consented to receive the 1099-DA statements electronically in the ABC for- mat. Accordingly, although F may not be obligated to continue the business relationship with R, F must furnish R’s 1099-DA statements reflecting any of R’s sales previously effected by F in CY2 in the XYZ format. (5) Example 5—(i) Facts. Broker (K) is a broker that operates physical electronic terminals (kiosks) that customers use to purchase and sell digital assets. During calendar year 1 (CY1), K adds a pop-up screen that is shown to all customers and potential customers using K’s kiosk seeking consent from such customers to receiving 1099-DA statements in an electronic format. The pop-up screen includes a clear and concise disclosure statement that provides the information described in paragraphs (k)(5)(iii) (C)(1) through (7) of this section. The pop-up screen includes an “I agree” button on which all custom- ers and potential customers must click to provide their consent. Customer J visits K’s kiosk to make a transaction and clicks on the “I agree” button, which is separate from any other consent provided by the customer and does not address any issues other than consenting to electronic receipt of 1099-DA state- ments. K does not send the disclosure statement to J by email, mail, or private delivery service. Addi- tionally, K does not provide J with the opportunity to request that the disclosure statement be provided using an additional communication method. J does not engage in any other transactions using K’s ser- vices. (ii) Analysis. Under paragraph (k)(5)(iii)(A) of this section, K is required to provide a clear and con- spicuous disclosure statement to the customer prior to, or at the time of, a customer’s consent. Under paragraph (k)(5)(iii)(C) of this section, that state- ment may be provided in any manner that is part of the consent solicitation. K’s pop-up that provides the information described in paragraphs (k)(5)(iii)(C)(1) through (7) of this section satisfies this requirement. In addition, however, because K transacts with J only through K’s kiosk, K is also required to send this disclosure statement to J by email, mail, or private delivery service and is required to provide J with the opportunity to request that the disclosure statement be provided using an additional communication method. Accordingly, because K failed to provide this disclosure statement to J by email, mail, or pri- vate delivery service, J has not positively consented to receiving J’s 1099-DA statements in an electronic format as required under paragraph (k)(5)(iii)(A) of this section. (iv) Continuing disclosures—(A) In general. The broker must provide a location where the cus- tomer can generally find updated versions of the information described in paragraphs (k)(5)(iii)(C) (1) through (7) of this section through the access period described in paragraph (k)(5)(vi) of this sec- tion with respect to such customer. In addition, this March 23, 2026 756 Bulletin No. 2026–13 location must also include the information described in paragraphs (k)(5)(iv)(B) though (E) of this sec- tion. A broker may generally provide the information described and cross-referenced in this paragraph (k) (5)(iv)(A) on the broker’s website, mobile device application, or other online platform. Notwithstand- ing the previous sentence, a broker that transacts with a customer exclusively through a physical electronic terminal or kiosk and a broker that effects sales of digital assets for a customer as a processor of digital asset payments as defined in paragraph (a) (22) of this section must also send this disclosure statement by email, mail, or private delivery service within five business days of the customer’s explicit action to provide consent as described in paragraph (k)(5)(iii)(A) of this section. Additionally, if a bro- ker described in the previous sentence updates the information described in paragraphs (k)(5)(iii)(C)(1) through (7) of this section during the access period described in paragraph (k)(5)(vi) of this section with respect to a customer, the broker must also send updated versions of the information to the customer by email, mail, or private delivery service within five business days of posting the updated version to the broker’s website, mobile device application, or other online platform. Finally, to the extent the customer requested at the time of consent or anytime thereafter that the disclosure statement be provided using an additional communication method described in para- graph (k)(5)(ii)(C) of this section, the broker must also send the continuing disclosure statement and any updated versions of the information included on that statement to the customer using the additional communication method requested by the customer. (B) Updating information. The broker must pro- vide a description of the procedures the customer may use to update the information needed by the broker to deliver to the customer, as applicable, the notice(s) described in paragraph (k)(5)(ii)(A)(1) of this section that the 1099-DA statement has been posted to an electronically accessible specified loca- tion, the email to which the 1099-DA statement is attached, or the requested notice described in para- graph (k)(5)(ii)(B)(1) of this section informing the customer that the customer’s 1099-DA statement has been transmitted. (C) Broker information. The broker must provide the broker’s contact information in the event the cus- tomer has questions about the consent or about the customer’s 1099-DA statement. (D) Additional communication methods for requested notices. The broker must provide a descrip- tion of the procedures for asking for the requested notices as required to be offered by paragraphs (k) (5)(ii)(A)(1) and (k)(5)(ii)(B)(1) of this section using the customer’s choice of additional communication method. (E) Access procedures for statements posted to an electronically accessible specified location. If the broker will furnish the 1099-DA statements using a qualified electronic delivery method described in paragraph (k)(5)(ii)(A) of this section (posting to an electronically accessible specified location), the broker must provide information about the period of time that the broker will retain the 1099-DA statement and any corrected 1099-DA statement at that electronically accessible specified location. In addition, the broker must provide the date when the 1099-DA statements will no longer be available at the electronically accessible specified location and a description of the procedures the customer may use to obtain 1099-DA statements and corrected 1099- DA statements that are no longer available at the electronically accessible specified location. (v) Format. The electronic version of the 1099- DA statement must contain all required information and comply with applicable revenue procedures relating to substitute statements to the customer. (vi) Access period for statements posted to an electronically accessible specified location. The broker must maintain access to 1099-DA statements posted to an electronically accessible specified location through October 15 of the year following the calendar year to which the 1099-DA statements relate (or the first business day after such October 15, if October 15 falls on a Saturday, Sunday, or legal holiday). The broker must maintain access for the customer to corrected 1099-DA statements that are posted to an electronically accessible specified location through October 15 of the year following the calendar year to which the statements relate (or the first business day after such October 15, if Octo- ber 15 falls on a Saturday, Sunday, or legal holiday) or the date 90 days after the corrected statements are posted, whichever is later. The broker must retain 1099-DA statements for seven years from the date the 1099-DA statements are required to be furnished under paragraph (k)(2) of this section or (if later) the date that the 1099-DA statements are actually furnished and must make them available to the cus- tomer upon request. (vii) Example of rules for electronic furnishing of consolidated reporting statements—(A) Facts. Customer C has an account with B, a broker, con- sisting of stock in a single corporation and digital assets. In calendar year 1, C sells the stock and digi- tal assets held within C’s account. Under this section, B must furnish a statement reflecting the information reported to the IRS on Form 1099-B, Proceeds From Broker and Barter Exchange Transactions, and Form 1099-DA, Digital Asset Proceeds From Bro- ker Transactions, to C for the sale of stock (1099-B statement) and digital assets (1099-DA statement). B obtains consent from C for C to receive the 1099- DA statement in an electronic format under the rules set forth in paragraph (k)(5)(iii) of this section and meets the requirements set forth in paragraphs (k) (5)(iii) through (vi) of this section to be treated as furnishing the required 1099-DA statements in a timely manner. B does not obtain consent from C to receive the 1099-B statement in an electronic format under the applicable revenue procedures relating to electronic delivery of payee statements. With respect to calendar year 1, B electronically furnishes the 1099-DA statement and the 1099-B statement to C in a consolidated reporting statement using a qual- ified delivery method as defined in paragraph (k)(5) (ii) of this section. B does not separately furnish the 1099-B statement to C on paper. (B) Analysis. Under paragraph (k)(3)(iii) of this section, because B did not obtain consent from C to receive the 1099-B statement in an electronic format under the applicable revenue procedures relating to electronic delivery of payee statements, the elec- tronic furnishing to C of the 1099-B statement in a consolidated reporting statement with the 1099-DA statement does not satisfy B’s obligation under this paragraph (k) to furnish a 1099-B statement to C with respect to C’s sales of stock. Accordingly, the failure to furnish penalty under section 6722 and §301.6722-1 of this chapter would apply to B with respect to B’s failure to furnish a 1099-B statement to C with respect to C’s sales of stock. (6) Applicability date. The rules of paragraph (k)(5) of this section regard- ing electronic furnishing of 1099-DA statements apply to 1099-DA statements required to be furnished on or after Jan- uary 1 of the calendar year immediately following [date of publication of final reg- ulations in the Federal Register]. * * * * * Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register March 5, 2026, 8:45 a.m., and published in the issue of the Federal Register for March 6, 2026, 91 FR 10983) Notice of Proposed Rulemaking Removal of Final Regulations Identifying Certain Partnership Related-Party Basis Adjustment Transactions as Transactions of Interest REG-108921-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document proposes to remove regulations that identify certain partnership related-party basis adjustment transactions and substantially similar transactions as transactions of interest, a type of reportable transaction. The regu- lations would affect participants in these transactions as well as material advisors. DATES: Electronic or written comments and requests for a public hearing must be received by April 6, 2026. Bulletin No. 2026–13 757 March 23, 2026 ADDRESSES: Commenters are strongly encouraged to submit public comments electronically via the Federal eRulemak- ing Portal at https://www.regulations. gov (indicate IRS and REG-108921-25) by following the online instructions for submitting comments. Requests for a public hearing must be submitted as pre- scribed in the “Comments and Requests for a Public Hearing” section. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. The Department of the Trea- sury (Treasury Department) and the IRS will publish for public availability any comments submitted to the IRS’s pub- lic docket. Send paper submissions to: CC:PA:01:PR (REG-108921-25), Room 5503, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Wash- ington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Elizabeth V. Zanet of the Office of the Associate Chief Counsel (Passthroughs, Trusts, and Estates), (202) 317-5279 (not a toll-free number); con- cerning submissions of comments and requests for a public hearing, the Publi- cations and Regulations Section at (202) 317-6901 (not a toll-free number). SUPPLEMENTARY INFORMATION: Authority This document proposes to remove § 1.6011-18 (Basis Shifting TOI Regula- tions) from 26 CFR part 1 (Income Tax Regulations). The Basis Shifting TOI Regulations were issued under section 6011 of the Internal Revenue Code (Code) pursuant to the authority granted to the Secretary of the Treasury or the Secre- tary’s delegate (Secretary) under sections 6001, 6011(a), 6111, 6112(a), 6707A(c) (1), and 7805(a) of the Code. Background On June 18, 2024, the Treasury Depart- ment and the IRS published a notice of proposed rulemaking (REG-124593-23) in the Federal Register (89 FR 51476) identifying certain partnership relat- ed-party basis adjustment transactions and substantially similar transactions as trans- actions of interest, a type of reportable transaction (Basis Shifting TOI Proposed Regulations). On January 14, 2025, the Treasury Department and the IRS final- ized the Basis Shifting TOI Proposed Reg- ulations with modifications in response to comments with the publication of final regulations (Basis Shifting TOI Regula- tions) (TD 10028) in the Federal Register (90 FR 2958). Since their publication, taxpayers and their material advisors have criticized the Basis Shifting TOI Regulations at § 1.6011-18 as imposing complex and burdensome compliance obligations on businesses. The Treasury Department and the IRS considered these public comments and determined that the Basis Shifting TOI Regulations may be appropriate for removal. On April 17, 2025, the Treasury Depart- ment and the IRS published Notice 2025- 23 (2025-19 IRB 1428). Notice 2025-23 announced that the Treasury Department and the IRS intended to publish a notice of proposed rulemaking proposing the removal of the Basis Shifting TOI Regu- lations from the Income tax Regulations. Notice 2025-23 further stated that taxpay- ers and their material advisors can rely on the notice until the Treasury Department and the IRS removed the Basis Shifting TOI Regulations from the Income Tax Regulations. Notice 2025-23 additionally stated that the IRS will (i) waive penalties under section 6707A(a) for participants in transactions identified in the Basis Shift- ing TOI Regulations, and (ii) waive pen- alties under sections 6707(a) and 6708 of the Code for material advisors to transac- tions identified in the Basis Shifting TOI Regulations. Explanation of Provisions Consistent with Notice 2025-23, this notice of proposed rulemaking (Removal NPRM) proposes to remove the Basis Shifting TOI Regulations from the Income Tax Regulations. Proposed Effective Date and Applicability Date The proposed removal of the Basis Shifting TOI Regulations would be effec- tive on the date that the Treasury Depart- ment and the IRS publish final regulations (Forthcoming Final Regulations). The Treasury Department and the IRS intend that the Treasury decision adopting the Forthcoming Final Regulations will pro- vide that participants and material advi- sors may treat the removal of the Basis Shifting TOI Regulations as occurring on January 14, 2025, which is the applicabil- ity date of the Basis Shifting TOI Regu- lations. Thus, participants and material advisors will be able to treat the Basis Shifting TOI Regulations as never hav- ing taken effect. See section 7805(b)(7). Consistent with Notice 2025-23, partici- pants and material advisors may continue relying on that notice until the Treasury Department and IRS finalize the Removal NPRM with the publication of the Forth- coming Final Regulations. Special Analyses I. Executive Order 12866, 13563, and 14192 Executive Orders 12866 and 13563 direct agencies to assess costs and ben- efits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmoniz- ing rules, and promoting flexibility. This rule is expected to be an Executive Order 14192 deregulatory action. These proposed regulations have been designated by the Office of Man- agement and Budget’s (OMB’s) Office of Information and Regulatory Affairs (OIRA) as subject to review under Exec- utive Order 12866 pursuant to the Mem- orandum of Agreement of July 4, 2025 (MOA) between the Department of the Treasury (Treasury Department) and the OMB regarding review of tax regulations. OIRA has determined that this notice of proposed rulemaking (Removal NPRM) is significant and subject to review under Executive Order 12866 and section 1(c) of the MOA. Accordingly, the Removal NPRM has been reviewed by OMB. March 23, 2026 758 Bulletin No. 2026–13 A. Need for Regulation A transaction of interest (TOI) is a type of reportable transaction. On Janu- ary 14, 2025, the Treasury Department and the IRS published § 1.6011-18 (Basis Shifting TOI Regulations), which require taxpayers and material advisors to report information identifying certain partner- ship related-party basis adjustment trans- actions. Taxpayers and their material advisors have criticized the Basis Shifting TOI Regulations as imposing complex and burdensome compliance obligations on businesses. The Treasury Department and the IRS received many public com- ments requesting that the Basis Shifting TOI Regulations be removed. The Trea- sury Department and the IRS considered the public comments and determined that the Basis Shifting TOI Regulations may be appropriate for removal. On April 17, 2025, the Treasury Depart- ment and the IRS published Notice 2025- 23 (2025-19 IRB 1428), which announced that the Treasury Department and the IRS intended to publish a notice of proposed rulemaking removing the Basis Shifting TOI Regulations. Consistent with that intention, this notice of proposed rulemaking (Removal NPRM) proposes to remove the Basis Shifting TOI Regulations from 26 CFR part 1 (Income Tax Regulations). The pro- posed removal of the Basis Shifting TOI Regulations would be effective on the date that the Treasury Department and the IRS publish final regulations (Forthcoming Final Regulations). The Treasury Depart- ment and the IRS intend that the Treasury decision adopting the Forthcoming Final Regulations will provide that partici- pants and material advisors may treat the removal of the Basis Shifting TOI Regu- lations as occurring on January 14, 2025, which is the applicability date of the Basis Shifting TOI Regulations. Thus, partici- pants and material advisors will be able to treat the Basis Shifting TOI Regulations as never having taken effect. See section 7805(b)(7) of the Internal Revenue Code (Code). B. The Statute and the Removal NPRM Under subchapter K of chapter 1 of the Code, a distribution by a partnership of the partnership’s property (partnership property) or a transfer of an interest in a partnership (partnership interest) may result in an adjustment to the basis of the distributed property, partnership property, or both. A distribution of partnership property may result in an adjustment to the basis of the distributed property under sections 732(b) or (d) of the Code. In the case of a distribution of partnership property to a partner by a partnership with an election under section 754 of the Code (section 754 election), or with respect to which there is a substantial basis reduction as described in section 734(d) of the Code, the distri- bution may also result in an adjustment to the basis of the partnership’s remaining property under section 734(b). If a partnership interest is transferred by sale or exchange or on the death of a partner, and the partnership either has a section 754 election in effect or has a substantial built-in loss with respect to the transfer of the partnership interest as described in section 743(d) of the Code, the transfer may result in an adjustment to the basis of partnership property under section 743(b) with respect to the trans- feree partner. As discussed above, the Basis Shifting TOI Regulations identify certain partner- ship related-party transactions and sub- stantially similar transactions that result in basis adjustments under sections 732(b), 732(d), 734(b), and 743(b) as transactions of interest, a type of reportable transaction with disclosure requirements. The purpose of the Basis Shifting TOI Regulations is to provide information to the IRS that could help identify abusive basis shifting transactions. However, tax- payers and their material advisors have criticized the Basis Shifting TOI Regula- tions as imposing complex, burdensome, and retroactive disclosure obligations on many ordinary-course and tax-compliant business activities, creating costly com- pliance obligations and uncertainty for businesses. The Treasury Department and the IRS agree that the compliance burden of the Basis Shifting TOI Regulations, as estimated below, is substantial and likely exceeds the benefits of the Basis Shifting TOI Regulations. Once the Removal NPRM is finalized, partnership related-party transactions and substantially similar transactions that result in basis adjustments would no lon- ger be treated as transactions of interest. Thus, participants and material advisors to these transactions would no longer have the associated disclosure requirements. C. Baseline The Treasury Department and the IRS have assessed the benefits and costs of these proposed regulations once final- ized (as the Forthcoming Final Regula- tions) relative to a no-action baseline that reflects the anticipated Federal income tax-related behavior of taxpayers under the Basis Shifting TOI Regulations. D. Economic Effects 1. Participants - Forms 8886 Participants in transactions of inter- est must report their participation in the transaction on a Form 8886, Reportable Transaction Disclosure Statement. The Treasury Department and the IRS esti- mate that the aggregate costs of filing Forms 8886 under the Basis Shifting TOI Regulations each year equal the product of (1) the number of affected basis adjust- ments, (2) the average number of partici- pants per basis adjustment, and (3) the average cost of filing a Form 8886 per participant. a. Total Number of Basis Adjustments Affected Based on analysis of partnership tax return data, the Treasury Department and the IRS have estimated that 10,000 basis adjustments would be reported in the absence of the Forthcoming Final Regula- tions. Tax return data indicate as many as 12,000 basis adjustments will be over the numeric thresholds in the Basis Shifting TOI Regulations each year under sections 732(b), 732(d), 734(b), and 743(b). The Treasury Department and the IRS expect 10,000 of the 12,000 basis adjustments to generate reporting by participants. The Treasury Department and the IRS have determined that most participants would choose to report any basis adjustment over the numeric thresholds in the Basis Shifting TOI Regulations rather than Bulletin No. 2026–13 759 March 23, 2026 spending additional time and resources on determining whether the underlying trans- action satisfied the other requirements of the regulations. For instance, if there was a question as to whether the underlying transaction satisfied the related party rules under sections 267 and 707 of the Code, the Treasury Department and the IRS have determined that a participant would likely choose to disclose the basis adjustment rather than spending additional time and resources on the nuanced related party analysis. b. Average Number of Participants Per Basis Adjustment Under the Basis Shifting TOI Regula- tions, the type of basis adjustment deter- mines the number of participants. For example, a basis adjustment under section 732(b) would have two participants, the distributee partner and the distributing partnership. In contrast, a basis adjust- ment under section 743(b) would have three participants, the transferor partner, the transferee partner, and the partnership. The Treasury Department and the IRS have therefore estimated that each basis adjustment would have 2.5 participants on average. c. Average Cost of Filing a Form 8886 The IRS’s Research, Applied Analyt- ics, and Statistics division (RAAS) esti- mates that the burden of filing Form 8886 is approximately 10 hours, 16 minutes for recordkeeping, 4 hours, 50 minutes for learning about the law or the form, and 6 hours, 25 minutes for preparing, copy- ing, assembling, and sending the form to the IRS, for a total of 21 hours and 31 minutes. In the Special Analyses of the Basis Shifting TOI Regulations, RAAS estimated that the appropriate wage rate was $102.00 (2022 dollars, equivalent to $109.33 in 2024 dollars) per hour. How- ever, one commenter indicated that a better estimate is approximately $177.29 (2022 dollars, equivalent to $190.03 in 2024 dollars) per hour, as many affected indi- viduals may seek specialists with higher hourly fees. The Treasury Department and the IRS have accepted the comment- er’s suggested wage. Therefore, the esti- mated burden of filing Form 8886 equals $4,088.81 (2024 dollars) (that is, $190.03 per hour x 21 hours and 31 minutes). d. Summary of Yearly Economic Effects Related to Filing Form 8886 Based on the above, the Treasury Department and the IRS estimate that the aggregate costs of filing Form 8886 under the Basis Shifting TOI Regulations are approximately $102 million per year (2024 dollars) (that is, the product of (i) 10,000 basis adjustments, (ii) 2.5 par- ticipants per basis adjustment, and (iii) $4,088.81 average filing burden). 2. Material Advisors - Forms 8918 Material advisors to transactions of interests identified under the Basis Shift- ing TOI Regulations must file Form 8918, Material Advisor Disclosure Statement. The Treasury Department and the IRS have assumed that the aggregate costs of filing Forms 8918 under the Basis Shift- ing TOI Regulations each year equal the product of (1) the number of affected basis adjustments, (2) the average number of material advisors per basis adjustment, and (3) the average cost of filing a Form 8918 per advisor. a. Total Number of Basis Adjustments Affected For the same reasons discussed in Sec- tion IV.A.1., the Treasury Department and the IRS have estimated that 10,000 basis adjustments would be reported under the Basis Shifting TOI Regulations. b. Average Number of Participants Per Basis Adjustment The Treasury Department and the IRS estimate that each transaction that results in a reported basis adjustment will have at least one professional services firm that advises on the tax implications of the transaction (for example, a law firm or an accounting firm) and at least one accounting firm that prepares the relevant tax returns. The Treasury Department and the IRS therefore estimate that each transaction that results in a reported basis adjustment will have 2.2 material advisors on average. c. Average Cost of Filing a Form 8918 RAAS estimates that the burden of fil- ing Form 8918 is approximately 8 hours, 7 minutes for recordkeeping, 3 hours, 4 minutes for learning about the law or the form, and 3 hours, 20 minutes for prepar- ing, copying, assembling, and sending the form to the IRS, for a total of 14 hours and 31 minutes. If the appropriate wage rate is the same as Form 8886 ($190.03 (2024 dollars) per hour), the burden of filing Form 8918 is $2,758.60 (2024 dollars). d. Summary of Yearly Economic Effects Related to Filing Form 8918 Based on the above, the Treasury Department and the IRS estimate that the aggregate costs of filing Form 8918 under the Basis Shifting TOI Regulations equals $61 million per year (2024 dollars) (that is, the product of (i) 10,000 basis adjust- ments, (ii) 2.2 material advisors per basis adjustment, and (iii) $2,758.60 average filing burden). 3. Economic Effects, In Summary In total, the annual burden estimate related to the Basis Shifting TOI Regula- tions is $163 million (that is, $102 million per year with respect to Form 8886, plus $61 million per year with respect to Form 8918). The Treasury Department and the IRS do not anticipate any other material economic effects of the Forthcoming Final Regulations beyond the filing burden reduction. Therefore, the Treasury Depart- ment and the IRS estimate that the aggre- gate economic effects of the Forthcoming Final Regulations would be a reduction in filing burdens by $163 million. The Trea- sury Department and the IRS request com- ments on the magnitude of this estimate. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) generally requires that a Federal agency obtain OMB approval before collecting information from the public, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond March 23, 2026 760 Bulletin No. 2026–13 to, a collection of information unless the collection of information displays a valid control number. These proposed regula- tions (Removal NPRM), which propose removing § 1.6011-18 (Basis Shifting TOI Regulations) from 26 CFR part 1 (Income Tax Regulations), do not contain a collec- tion of information and, in fact, remove what would otherwise have been a col- lection of information requirement in the Basis Shifting TOI Regulations. III. Regulatory Flexibility Act The Secretary of the Treasury (Secre- tary) hereby certifies that these proposed regulations (Removal NPRM) will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (RFA) (5 U.S.C. chapter 6). This certification is based on IRS data that allowed an estimate of the percentage of partnerships required to file disclosure statements under the pro- posed regulations that the Department of the Treasury (Treasury Department) and the IRS published on June 18, 2024 (Basis Shifting TOI Proposed Regulations) and the final regulations published on January 14, 2025 (Basis Shifting TOI Regulations). The data indicated that the percentage of partnerships that would have a disclosure obligation under the Basis Shifting TOI Proposed Regulations or Basis Shifting TOI Regulations and considered to be small business for purposes of the RFA would be low. Accordingly, the removal of the disclosure requirements under the Removal NPRM is not anticipated to have a significant economic impact on a sub- stantial number of small entities. The RFA discussion in the Basis Shift- ing TOI Proposed Regulations referenced data provided by IRS’s Research, Applied Analytics, and Statistics (RAAS) division, which estimated the percentage of part- nerships with gross receipts or sales of $25 million or less that might have been subject to the disclosure obligations as a result of a basis adjustment under section 743(b) of more than $5 million during the taxable year. That data suggested that of all partnerships with related parties and a basis adjustment under section 743(b) of more than $5 million during the taxable year, approximately two-thirds of the part- nerships would have gross receipts or sales of $25 million or less and approximately one-third would have gross receipts or sales of $25 million or more. The Trea- sury Department and the IRS determined that the data did not indicate that the Basis Shifting TOI Proposed Regulations would have a significant economic impact on a substantial number of small entities because not all partnerships with gross receipts or sales of $25 million or less are considered small businesses (see 13 CFR 121.201), and the data did not provide information on whether the partnerships with gross receipts or sales of $25 million or less were part of larger enterprises. The RFA discussion in the Basis Shift- ing TOI Regulations referenced data from the IRS that indicated that, in the case of partnerships with gross assets of less than $25 million that reported basis adjust- ments under section 734(b) or section 743(b) for the taxable year, the average basis adjustment was less than the appli- cable threshold amount of $10 million or more. Thus, the Treasury Department and the IRS anticipated that many partnerships with gross assets of less than $25 million would not be subject to the disclosure requirements. Further, the data indicated that partnerships with gross assets of more than $25 million that reported basis adjustments under section 734(b) or sec- tion 743(b) for the taxable year that met the applicable threshold amount of $10 million or more represented less than one percent of all partnerships that file tax returns for the taxable year. Pursuant to section 7805(f), this notice of proposed rulemaking has been submit- ted to the Chief Counsel for the Office of Advocacy of the Small Business Adminis- tration for comment on its impact on small business. IV. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal man- date that may result in expenditures in any one year by a State, local, or Tribal government, in the aggregate, or by the private sector, of $100 million (updated annually for inflation). These proposed rules do not include any Federal mandate that may result in expenditures by State, local, or Tribal governments, or by the pri- vate sector in excess of that threshold. V. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of Executive Order 13132. These proposed regulations do not have federalism implications and do not impose substantial direct compli- ance costs on State and local governments or preempt State law within the meaning of Executive Order 13132. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to comments that are submit- ted timely to the IRS as prescribed in the preamble under the ADDRESSES section. All comments and a plain language sum- mary of the proposed rule will be made available at https://www.regulations.gov or upon request. A public hearing will be scheduled if requested in writing by any person that timely submits electronic or written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be pub- lished in the Federal Register. Statement of Availability of IRS Documents Notices cited in this document are pub- lished in the Internal Revenue Bulletin and are available from the Superintendent of Documents, U.S. Government Publish- ing Office, Washington, DC 20402, or by visiting the IRS website at https://www. irs.gov. Drafting Information The principal authors of this notice of proposed rulemaking are personnel of the Office of the Associate Chief Counsel Bulletin No. 2026–13 761 March 23, 2026 (Passthroughs, Trusts, and Estates). How- ever, other personnel from the Treasury Department and the IRS participated in its development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 1 as follows: PART 1--INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by removing the entry for §1.6011-18 to read in part as fol- lows: Authority: 26 U.S.C. 7805 * * * §1.6011-18 [Removed] Par. 2. Section 1.6011-18 is removed. Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register March 5, 2026, 8:45 a.m., and published in the issue of the Federal Register for March 6, 2026, 91 FR 11003) Notice of Proposed Rulemaking Trump Accounts Contribution Pilot Program REG-117002-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document contains proposed regulations relating to the Trump accounts contribution pilot program under which the Trump accounts of eligible chil- dren can receive $1,000 pilot program contributions. Eligible children must be U.S. citizens with valid Social Security numbers born in 2025 through 2028. The proposed regulations would provide guid- ance on making an election for the Trump account of an eligible child to receive a $1,000 pilot program contribution. The proposed regulations would affect eligible children and individuals who would make elections with respect to those children. DATES: Written or electronic comments and requests for a public hearing must be received by April 8, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically via the Federal eRulemak- ing Portal at https://www.regulations.gov (indicate IRS and REG-117002-25) by following the online instructions for sub- mitting comments. Requests for a public hearing must be submitted as prescribed in the “Comments and Requests for a Public Hearing” section. Once submitted to the Federal eRulemaking Portal, com- ments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish for public availability any comments submit- ted to the IRS’s public docket. Send paper submissions to: CC:PA:01:PR (REG- 117002-25), Room 5503, Internal Reve- nue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Molly E. Lovern at (202) 317-5416; concerning submissions of comments or a public hearing, the Publi- cations and Regulations Section at (202) 317-6901 (not toll-free numbers) or by email at publichearings@irs.gov (pre- ferred). SUPPLEMENTARY INFORMATION: Authority This document contains proposed amendments to the Procedure and Admin- istration Regulations (26 CFR part 301) to implement section 6434 of the Inter- nal Revenue Code (Code) relating to the Trump accounts contribution pilot pro- gram. Section 6434(d) authorizes the Sec- retary of the Treasury or the Secretary’s delegate (Secretary) to prescribe rules for the time and manner for elections under section 6434. The proposed regulations are also issued under the authority of sec- tion 7805(a) of the Code, which authorizes the Secretary to “prescribe all needful rules and regulations for the enforcement of [the Code], including all rules and reg- ulations as may be necessary by reason of any alteration of law to internal revenue.” Background I. Overview Section 70204 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act of 2025, added new sections 530A and 6434 to the Code relating to Trump accounts. Section 530A of the Code provides for the establishment of a Trump account for an eligible individ- ual as defined in section 530A(b)(2) and cross-references section 6434. Section 6434 provides for a one-time $1,000 con- tribution from the Secretary to the Trump account of an eligible child with respect to whom an election under section 6434 is made ($1,000 pilot program contribution). These proposed regulations would implement section 6434. The Treasury Department and the IRS are proposing regulations under section 530A in another notice of proposed rulemaking (REG- 117270-25) published elsewhere in this issue of the Federal Register. II. Trump accounts generally A Trump account is a type of tradi- tional individual retirement account (IRA) established for the exclusive benefit of an eligible individual or the individual’s beneficiaries under section 530A. Section 530A directs the Secretary to create or organize the first Trump account (initial Trump account) for each eligible individ- ual. An eligible individual is any individ- ual (i) who has not attained age 18 before the close of the calendar year in which an election to open an initial Trump account (initial Trump account election) is made, (ii) for whom a social security number has been issued before the date of the ini- March 23, 2026 762 Bulletin No. 2026–13 tial Trump account election, and (iii) for whom the initial Trump account election is made. A Trump account is subject to certain special rules on contributions, invest- ments, distributions, and reporting that are inapplicable to other individual retire- ment arrangements under section 408 of the Code. After the period beginning when a Trump account is established and ending on December 31 of the calendar year in which a Trump account bene- ficiary attains age 17 (growth period), most of the special rules no longer apply and the rules under section 408 governing traditional IRAs generally apply. During the growth period, a subsequent Trump account (rollover Trump account) may be established for an individual and must be funded by a trustee-to-trustee trans- fer of the entire account balance from the individual’s existing Trump account. Because a rollover Trump account must be funded by a qualified rollover contri- bution (which is a transfer of the entire account balance from the individual’s prior Trump account), an individual may only have one Trump account containing funds at a time. Unlike contributions to other IRAs, which require an IRA owner to have inclu- dible compensation, under the special rules applicable during the growth period of a Trump account, a $1,000 pilot program contribution may be made to the Trump account of a child eligible to receive the $1,000 pilot program contribution even if the child does not have includible income. Because the criteria under section 530A to be an eligible individual for the opening of an initial Trump account differ from the criteria under section 6434 to be an eligible child whose Trump account may receive a $1,000 pilot program contri- bution, only a portion of the individuals eligible for a Trump account will also be eligible to receive a $1,000 pilot program contribution. However, a child who is eli- gible for a $1,000 pilot program contribu- tion must have a Trump account in order for the Secretary to pay the $1,000 pilot program contribution. A child who does not have a Trump account for any reason will not receive a $1,000 pilot program contribution, even if such child is other- wise eligible for a $1,000 pilot program contribution. III. Trump accounts contribution pilot program In general, section 6434 provides that when an individual makes an election with respect to an eligible child of the individual, the election results in a one- time, $1,000 pilot program contribution into the eligible child’s Trump account. The term “Trump account” has the same definition as in section 530A. Section 6434(a) provides that an indi- vidual makes an election for the Trump accounts contribution pilot program with respect to an eligible child of that individ- ual. With such election, the eligible child is treated as making a $1,000 payment against the income tax liability imposed by subti- tle A of the Code for the taxable year for which the election is made. Section 6434 does not require that the election be made for a particular calendar year. Although the eligible child is receiving the benefit of the pilot program election, the eligible child does not make the pilot program election. Section 6434(b) provides that the same amount of the $1,000 payment is paid by the Secretary to the Trump account of the eligible child for which the election in sec- tion 6434(a) was made ($1,000 pilot pro- gram contribution). The $1,000 pilot pro- gram contribution into the eligible child’s Trump account therefore cannot occur without an election having been made for that child. Section 6434(b) authorizes the Secretary to pay the $1,000 pilot program contribution only “to the Trump account with respect to which such eligible child is the account beneficiary.” Pursuant to section 6434(f)(1), a $1,000 pilot program contribution made under section 6434 is not subject to reduction or offset by the mandatory offsets of subsections (c) (past- due support), (d) (debts owed to Federal agencies), (e) (past-due, legally enforce- able state income tax obligations), and (f) (unemployment compensation debts) of section 6402 of the Code or any other similar offset. Similarly, section 6434(f) (2) prohibits reduction or offset of such $1,000 pilot program contributions by other assessed Federal taxes subject to collection including levy. Section 6434(g) prevents overpayment interest under sec- tion 6611(a) of the Code from accruing prior to January 1, 2028, with respect to any payment under section 6434. Section 6434(c) defines the term “eli- gible child” for purposes of section 6434. It provides that an eligible child is a qualifying child under section 152(c) of the Code; is born during the 2025, 2026, 2027, or 2028 calendar year; has had no prior pilot program election made by any individual; and is a United States citizen. Section 6434(e)(1) requires the pilot program election to include the social security number of the eligible child for whom the election is made. Section 6434(e)(2) cross-references section 24(h) (7) of the Code to define the term “social security number” for section 6434. The social security number must be issued before the election is made. Section 6434(d) authorizes the Secre- tary to provide the rules for the time and manner of making the pilot program elec- tion. Explanation of Provisions Proposed §301.6434-1 would establish the framework for the Trump accounts contribution pilot program. First, it would provide the general rule that a pilot pro- gram-electing individual must make a pilot program election with respect to an eligible child of such individual in order for the Secretary to make a $1,000 pilot program contribution into the Trump account for which such eligible child is the beneficiary. Second, it would define several terms solely for purposes of sec- tion 6434, including the terms “eligible child,” “pilot program election,” “pilot program-electing individual,” “special taxable year,” and “social security num- ber.” Third, it would identify how the deemed payment upon the processing of a pilot program election generates an over- payment of tax for the eligible child in the amount of $1,000, which is then refunded to the eligible child as a $1,000 pilot pro- gram contribution into such child’s Trump account. Fourth, it would provide the rules for the timing of the pilot program elec- tion. Lastly, it would provide the rules for the manner of making the pilot program election. I. General rule Proposed §301.6434-1(a) would pro- vide that a pilot program-electing indi- Bulletin No. 2026–13 763 March 23, 2026 vidual must make a pilot program elec- tion with respect to an eligible child of the pilot program-electing individual in order for the Secretary to make a $1,000 pilot program contribution into the Trump account of the eligible child. This general rule would conform with the statutory scheme of section 6434(a), which pro- vides that after a pilot program election, an eligible child is treated as making a $1,000 payment against an income tax liability under subtitle A of the Code, and section 6434(b), which provides that the $1,000 amount treated as a payment under section 6434(a) is paid by the Secretary to the Trump account of the eligible child. II. Definitions Proposed §301.6434-1(b) would define terms that apply solely for purposes of §301.6434-1. Under proposed §301.6434-1(b)(1), the term “eligible child” would mean an individual (i) who the pilot program-elect- ing individual anticipates will be that indi- vidual’s qualifying child under section 152(c) for the taxable year of the pilot program-electing individual in which the pilot program election is made, (ii) who is born in calendar year 2025, 2026, 2027, or 2028, (iii) who is a United States citizen, (iv) to whom a social security number has been issued, and (v) with respect to whom no prior pilot program election has been made by any individual and processed by the Secretary. The birth year and citizen- ship requirements in proposed §301.6434- 1(b)(1)(ii) and (iii) would implement section 6434(c)(1) and (3), and the social security number requirement in proposed §301.6434-1(b)(1)(iv) would implement section 6434(e). The relationship requirement between the pilot program-electing individual and the eligible child, reflected as part of the eligible child definition in proposed §301.6434-1(b)(1)(i), is mandated by section 6434(a), which provides that an election is made by an individual “with respect to an eligible child of the individ- ual,” and section 6434(c), which provides that an eligible child is a qualifying child as defined in section 152(c). Although an individual may anticipate that an eligible child will be the individual’s qualifying child under section 152(c) for an ongoing taxable year, whether an eligible child is indeed any individual’s qualifying child under section 152(c) with respect to that individual’s taxable year cannot be conclu- sively determined until the close of such taxable year. However, section 6434 does not require elections to be made with ref- erence to a closed taxable year of the pilot program-electing individual. Thus, to pro- vide the pilot program-electing individual the flexibility to make the pilot program election at any time during a calendar year rather than wait until after the close of a taxable year, proposed §301.6434-1(b)(1) (i) permits the child’s eligibility as long as a pilot program-electing individual antici- pates the eligible child will be that individ- ual’s qualifying child under section 152(c) for the taxable year in which the election is made. For additional information on who is a qualifying child under section 152(c), potential pilot program-electing individuals (including parents, foster par- ents, and other relatives) can look to IRS Publication 501, Dependents, Standard Deduction, and Filing Information. Lastly, with respect to the definition of the term eligible child, under proposed §301.6434-1(b)(1)(v), a child would no longer be eligible once a pilot program election is made and processed for that child. This is required by section 6434(c) (2), which provides that an eligible child, among other requirements, is a child with respect to whom no prior pilot pro- gram election has been made. Proposed §301.6434-1(b)(1)(v) would ensure that an eligible child is not prevented from receiving a $1,000 pilot program contri- bution based on an erroneous or malicious election by conditioning the eligibility cri- teria on the making and processing of an election, rather than solely the making of an election. Under proposed §301.6434-1(b)(2), the term “pilot program election” means an election under section 6434. Under proposed §301.6434-1(b)(3), the term “pilot program-electing individual” means an individual authorized to make a pilot program election with respect to an eligible child. An individual is authorized to make a pilot program election with respect to an eligible child who the indi- vidual anticipates will be the individual’s qualifying child under section 152(c) for the taxable year of the individual in which the pilot program election is made, which is the same requirement reflected in pro- posed §301.6434-1(b)(1)(i) for the defini- tion of eligible child. The definition of pilot program-electing individual in proposed §301.6434-1(b)(3) would cross-reference the relevant portion of the definition of eli- gible child in proposed §301.6434-1(b)(1) (i). This definition accomplishes the pur- pose of section 6434 to facilitate invest- ment into and financial growth of an eli- gible child’s Trump account by enabling a pilot program election to be made at any time during the calendar year. If section 6434 was interpreted to instead require pilot program elections to be made with respect to a calendar-based taxable year of the pilot program-electing individ- ual for which the eligible child was such individual’s qualifying child under sec- tion 152(c), the earliest a pilot program election could possibly be made would be after the close of the taxable year of the pilot program-electing individual during which the eligible child was born. Such an interpretation would impose a restric- tion on making a pilot program election not found in section 6434 and would limit the maximum growth potential of con- tributions into the eligible child’s Trump account. Furthermore, under section 6434, the payment is deemed to be made by the eligible child and has no connection to any taxable year of the pilot program-electing individual, thereby providing no clear basis to tie a pilot program election to a taxable year of the pilot program-elect- ing individual. If a pilot program-electing individual makes an election in anticipa- tion that an eligible child will be the indi- vidual’s qualifying child under section 152(c) and complies with all other rules promulgated by the Secretary for section 6434 elections, the pilot program election will not be rendered ineffective solely on the basis that it is later determined that the eligible child does not meet the definition of a qualifying child of the individual for the taxable year in which the pilot pro- gram election is made. Under proposed §301.6434-1(b)(4), the term “Secretary” means the Secretary of the Treasury or the Secretary’s delegate. See section 7701(a)(11)(B) of the Code. Under proposed §301.6434-1(b)(5), the term “social security number” has the meaning given such term in section 24(h) March 23, 2026 764 Bulletin No. 2026–13 (7)(B), determined by substituting “before the date of the election made under sec- tion 6434” for “before the due date of such return” in section 24(h)(7)(B)(ii). Under proposed §301.6434-1(b)(6), the term “special taxable year” means a taxable period of an eligible child that arises upon the processing of a pilot pro- gram election and is deemed to close immediately after arising, for which no Federal income tax liability is owed, and which bears no relationship to the Fed- eral income tax liability of the pilot pro- gram-electing individual for any taxable period. This special taxable year is distinct from any calendar-based taxable year for the eligible child’s Federal income tax liability and does not sever or modify the eligible child’s calendar-based taxable period. To implement the requirements of section 6434(a), (b), and (f) as explained in Section III of this Explanation of Provi- sions, proposed §301.6434-1(c)(1) would provide that a pilot program election is made with respect to the eligible child’s special taxable year, rather than with respect to any calendar-based taxable year for the eligible child’s Federal income tax liability. As explained in Section III of this Explanation of Provisions, an overpay- ment can only be determined after the close of a taxable year by comparing the amount of tax liability owed to the amount of payments made. Like the proposed definition of pilot program-electing indi- vidual, the proposed definition of special taxable year accomplishes the purpose of section 6434 by allowing for the $1,000 pilot program contribution to be deposited by the Secretary into the Trump account without waiting for the close of a calen- dar-based taxable year, thus facilitating the financial growth of the Trump account. Determining an overpayment from a spe- cial taxable year also meets the statutory intent that the contribution be made at any time during a calendar year rather than after the close of the taxable year for which an election is made—at the earli- est. Additionally, as explained more thor- oughly in Section III of this Explanation of Provisions, the proposed definition of a special taxable year ensures that an eligi- ble child’s deemed payment upon election under section 6434(a) generates an over- payment of $1,000 instead of the deemed payment being reduced or eliminated if it were used to satisfy a child’s potentially unpaid Federal income tax liability for a calendar-based taxable year election. Under proposed §301.6434-1(b)(7), the term “Trump account” has the meaning given to the term in section 530A(b)(1). This definition includes an initial Trump account and a rollover Trump account. III. Effect of a pilot program election Proposed §301.6434-1(c)(1) would provide that a pilot program election must be made by a pilot program-electing individual with respect to the special tax- able year of an eligible child of the pilot program-electing individual. Proposed §301.6434-1(c)(2) would provide that upon the processing of an election with respect to an eligible child, the eligible child would be treated as making a $1,000 payment against a Federal income tax liability under subtitle A of the Code for the eligible child’s special taxable year, resulting in a $1,000 overpayment. Pro- posed §301.6434-1(c)(3) would provide that the $1,000 overpayment described in §301.6434-1(c)(2) will be refunded by the Secretary as a $1,000 pilot program contribution to the eligible child’s Trump account. Section 6434 fits into the existing framework for the refund of an overpay- ment of tax but creates some special rules for the determination and the refunding of the overpayment. In Jones v. Liberty Glass Co., 332 U.S. 524, 531 (1947), the Supreme Court explained that an over- payment of tax for a taxable year is deter- mined by comparing the amount by which payments exceed the amount of tax prop- erly due at the close of the taxable year. Under these rules, a taxpayer who pays $1,000 towards a taxable year but owes zero Federal income tax liability for that taxable year will have an overpayment of $1,000. See also section 6401(c) (“An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax lia- bility in respect of which such amount was paid.”). In contrast, for example, a tax- payer who pays $1,000 towards a taxable year but owes $500 for that taxable year will have an overpayment of only $500. Once the IRS determines the amount of an overpayment, the full amount of the over- payment may not necessarily be refunded to a taxpayer. Section 6402(a) provides the IRS the discretion to credit an overpay- ment against “any liability in respect of an internal revenue tax on the part of the per- son who made the overpayment.” Addi- tionally, before the IRS can refund any remaining overpayment, the refund must be reduced and offset against any past-due non-tax debts of the taxpayer described in the provisions of section 6402(c), (d), (e), and (f), otherwise known as mandatory Treasury Offset Program offsets. Concerning the determination of an overpayment, section 6434(b) provides that the “amount treated as a payment under subsection (a) shall be paid by the Secretary” to the eligible child’s Trump account. Section 6434(a) provides that the eligible child for whom an election is made is treated as “making a payment . . . in an amount equal to $1,000.” For most children who have no Federal income tax liability, the plain language of sec- tion 6434(a) and (b) is consistent with the Supreme Court’s explanation of how to determine an overpayment in Jones v. Lib- erty Glass. However, if section 6434(a) were to be construed as providing for a deemed payment of $1,000 for a taxable year for which an eligible child owes a Federal income tax liability, then that child would have an overpayment only if the deemed payment exceeded the tax owed and, if so, such overpayment would be less than $1,000. Read in conjunction, however, section 6434(a) and (b) instruct that the Secretary’s contribution to an eli- gible child’s Trump account must be in the amount of $1,000. Moreover, section 6434(f) creates safe- guards to ensure the entire $1,000 amount is contributed to an eligible child’s Trump account. As explained above, section 6402(a) provides that the IRS has the discretion to credit an overpayment to a taxpayer’s unpaid tax liabilities and is required to reduce the refund of any remaining overpayment by the manda- tory Treasury Offset Program offsets of section 6402(c), (d), (e), and (f). Section 6434(f), which is described in proposed §301.6434-1(c)(4), ensures that the entire $1,000 overpayment amount described in proposed §301.6434-1(c)(2) would be contributed into the eligible child’s Trump Bulletin No. 2026–13 765 March 23, 2026 account as provided in section 6434(a) and (b). To implement the requirements of section 6434(a), (b), and (f), proposed §301.6434-1(c)(1) would provide that a pilot program election is made with respect to the eligible child’s special tax- able year instead of the calendar year gen- erally used for individual income taxes. The use of a special taxable year instead of a calendar year ensures that the plain language of section 6434(a), (b), and (f)— that when an election is made with respect to an eligible child, the result is a $1,000 pilot program contribution to the eligible child’s Trump account—may be accom- plished with respect to any eligible child for whom an election is made in com- pliance with section 6434 and proposed §301.6434-1. Additionally, section 6434(b) and (i) require that the $1,000 pilot program con- tribution is made specifically to the sec- tion 530A Trump account of the eligible child. Proposed §301.6434-1(c)(3) would provide that the $1,000 contribution will be made to the Trump account of the eli- gible child. Under section 6434(b) and (i) and proposed §301.6434-1(c)(3) and (b) (7), the $1,000 contribution may be made to an eligible child’s initial Trump account or to a rollover Trump account in the case of an eligible child who has a rollover Trump account. Because section 6434 only authorizes the Secretary to pay the $1,000 contribution “to the Trump account with respect to which such eligible child is the account beneficiary,” it does not allow for an eligible child who does not have a Trump account to receive a $1,000 pilot program contribution; nor does it allow for an eligible child to receive the $1,000 pilot program contribution in any manner other than as a contribution to the eligi- ble child’s Trump account. Thus, if an eli- gible child with respect to whom a pilot program election is made does not have an established Trump account for any rea- son—including if a Trump account was never established for the eligible child, or if an eligible child’s Trump account ceased to be a Trump account for any rea- son including death of the eligible child— the Secretary is not authorized to remit the $1,000 pilot program contribution to any recipient because such a remittance would not be “to the Trump account with respect to which such eligible child is the account beneficiary.” See section 6434(b). Accord- ingly, proposed §301.6434-1(c)(3) would provide that the $1,000 overpayment described in proposed §301.6434-1(c)(2) will not be refunded unless the eligible child has an established Trump account and that no refund will be paid under the provisions of section 6434 except as a $1,000 pilot program contribution to the eligible child’s Trump account. Lastly, proposed §301.6434-1(c)(5) would provide that a pilot program elec- tion is not a claim for credit or refund of an overpayment. Section 301.6402-2, which establishes the rules for a claim for credit or refund, provides that only the taxpayer with the overpayment may file such a claim. Section 6434(a), however, instructs that a pilot program election is not made by the eligible child for whom an over- payment for contribution is generated; it is instead made by a pilot program-electing individual with respect to an eligible child of the pilot program-electing individual. Because it is the filing of the pilot program election by the pilot program-electing individual that generates the overpayment that is refunded as a $1,000 pilot pro- gram contribution into the eligible child’s Trump account and the eligible child is not the person making such pilot program election, the pilot program election cannot be a claim for credit or refund. IV. Timing of election Proposed §301.6434-1(d) would pro- vide timing rules for pilot program elec- tions as authorized by section 6434(d). The rules of proposed §301.6434-1(d) would clarify that an election may only be made during the time period prescribed, that relief for an untimely election is not available under §§301.9100-1, 301.9100- 2, and 301.9100-3, that only the first elec- tion made and processed with respect to an eligible child will result in a $1,000 contribution to the eligible child’s Trump account, and that no subsequent elections will be processed after the first election is processed. Section 6434 does not set forth a spe- cific period in which a pilot program elec- tion must be made but instead prescribes that elections must be made at such time as the Secretary provides. Under pro- posed §301.6434-1(d)(1)(i), elections may be made starting on the day that a child becomes eligible. An election made on any earlier date would not be allowed under section 6434 because it would not be “an election . . . with respect to an eli- gible child.” Proposed §301.6434-1(d)(1) (ii) would provide that the last day for a pilot program election with respect to an eligible child would be December 31 of the calendar year in which the eligible child reaches age 17. This corresponds with the termination of the growth period, after which a child is no longer eligible to open a Trump account pursuant to section 530A(1)(A)(ii)(I) and (2)(A) and many of the special rules in section 530A no longer apply to the account. This broad election period—from the date of eligibility to the final date of growth period—is intended to ensure all children are able to receive a $1,000 pilot program contribution if they meet all section 6434 eligibility criteria during the time period in which a child would be eligible to have a Trump account opened. In cases where a pilot program election is not made until near the end of the growth period, the Secretary can none- theless still make a $1,000 pilot program contribution to an eligible child’s Trump account after the growth period ends as long as a Trump account was established for the eligible child under section 530A and has not ceased to exist for any reason. Proposed §301.6434-1(d)(2) would provide that only the first pilot program election processed by the IRS with respect to an eligible child will result in a $1,000 contribution to the eligible child’s Trump account. Once the first pilot program elec- tion is processed no further election will be processed. This rule conforms with the section 6434(c)(2) requirement that an eli- gible child means a child with respect to whom no prior pilot program election has been made. Because this rule only applies once an election is processed, it would ensure that an unprocessed erroneous or malicious pilot program election would not preclude an eligible child from receiv- ing a pilot program contribution. V. Manner of election Proposed §301.6434-1(e)(1) would provide that a pilot program election must be made by a pilot program-electing March 23, 2026 766 Bulletin No. 2026–13 individual on the form prescribed by the Secretary or through an electronic appli- cation or webpage made available by the Secretary, in accordance with applica- ble instructions. The IRS is using Form 4547, Trump Account Election(s), for this purpose in calendar year 2026. A pilot program election may be made any time during the period in proposed §301.6434- 1(d)(1), including at the same time that the pilot program-electing individual files such individual’s Federal income tax return. The pilot program election, how- ever, is not a part of any individual’s tax return and is independent of the filing of a tax return. The IRS has released instruc- tions for making pilot program elections via Form 4547 and will provide instruc- tions for making pilot program elections via an electronic application or webpage when made available by the Secretary. Proposed §301.6434-1(e)(2) would reiter- ate the requirement of section 6434(e) that an eligible child’s social security number is included with the pilot program election for that eligible child. Because the length of time varies in which a social security number may be obtained, this rule rein- forces the broad pilot program election timing proposed in §301.6434-1(d)(1). Proposed Applicability Date The regulations are proposed to apply on or after January 1, 2026. In accordance with section 7805(b)(2), the Treasury Department and the IRS intend to publish final regulations within 18 months of the date of enactment of section 6434. Special Analyses I. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess costs and ben- efits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The proposed regulations have been designated by the Office of Management and Budget’s (OMB’s) Office of Infor- mation and Regulatory Affairs (OIRA) as subject to review under Executive Order 12866 pursuant to the Memoran- dum of Agreement (MOA, July 4, 2025) between the Treasury Department and the OMB regarding review of tax regulations. OIRA has determined that the proposed rulemaking is economically significant under section 3(f)(1) of Executive Order 12866 and subject to review under Exec- utive Order 12866 and section 1(b) of the MOA. Accordingly, the proposed regula- tions have been reviewed by OMB. This proposed rule is not expected to be consid- ered a regulatory action under Executive Order 14192 because it imposes no more than de minimis costs. Need for Regulation The proposed regulations would explain how to make a Trump accounts contribution pilot program election under section 6434 of the Internal Revenue Code (Code). The proposed regulations would also define terms for the purpose of implementing section 6434, clarify the tax consequences of making a pilot program election, and explain the time and manner of making a pilot program election. The Statute and the Proposed Regulations Public Law 119-21, commonly known as the One, Big, Beautiful Bill Act of 2025, added new sections 530A and 6434 to the Code. Section 530A describes Trump accounts and section 6434 describes the Trump accounts contribution pilot pro- gram. The proposed regulations explain how the pilot program in section 6434 will be implemented. Section 530A defines a Trump account as a traditional individual retire- ment account (IRA) with some special rules. Most special rules that distinguish Trump accounts from other IRAs apply only during the growth period. The first day of the growth period is the day the account is established, and the final day of the growth period is December 31 of the calendar year in which the account beneficiary attains age 17. The rules for traditional IRAs generally apply after the growth period. A Trump account may be established for the benefit of a child prior to the calendar year in which the child attains age 18 if the child has been issued a social security number. In general, distributions from Trump accounts are not permitted during the growth period. The entire balance of a Trump account may be rolled over in a direct trustee-to-trustee transfer to a roll- over Trump account. The entire balance of a Trump account may be rolled over in a direct trustee-to-trustee transfer to an account established under a section 529A 1 ABLE program (ABLE account) of the account beneficiary in the calendar year the account beneficiary attains age 17. Investments in a Trump account must track the returns of a broad index of equi- ties in primarily U.S. companies for which regulated futures contracts are traded, avoid the use of leverage, and avoid annual fees and expenses above 0.1%. Trump accounts may receive contri- butions from nonprofits, governments, employers, and individuals. In general, contributions to a Trump account are sub- ject to an annual limit of $5,000, adjusted for inflation. Governments and nonprofits may only make contributions through the Treasury Department, and such contributions must be made in equal amounts to the Trump accounts of every account beneficiary in a qualified class. Contributions from gov- ernments and nonprofits through the Trea- sury Department do not count towards the $5,000 annual contribution limit. Section 6434 describes the Trump accounts contribution pilot program. In the pilot program, the Secretary will pay $1,000 to the Trump accounts of eligible children for whom elections under sec- tion 6434 are made. A U.S. citizen born in 2025, 2026, 2027, or 2028, who has been issued a social security number, and for 1 Section 529A was enacted by the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014, which was enacted as part of the Tax Increase Prevention Act of 2014, Public Law 113-295 (128 Stat. 4010). Bulletin No. 2026–13 767 March 23, 2026 whom no request for a pilot program con- tribution has previously been processed is eligible for a pilot program contribution. Pilot program contributions do not count towards the $5,000 annual contribution limit. The proposed regulations would define the following terms for the purposes of implementing section 6434: eligible child, pilot program election, pilot pro- gram-electing individual, and special taxable year. A pilot program election is an election under section 6434, that is, a request for a pilot program contribution to the eligible child’s Trump account. An eligible child is a U.S. citizen born in 2025, 2026, 2027, or 2028, who has been issued a social security number, for whom no pilot program election has previously been processed, and who is anticipated by the pilot program-electing individual to be that individual’s qualifying child under section 152(c). A pilot program-electing individual is an individual who is autho- rized to make a pilot program election on behalf of an eligible child. The definitions of eligible child and pilot program-elect- ing individual incorporate the following relationship: the pilot program-electing individual must anticipate that the eligi- ble child will be a qualifying child of the individual for tax purposes for the taxable year in which the pilot program election is made. A special taxable year is a tax- able year of the eligible child that is (1) created when a pilot program election is processed, (2) deemed to close imme- diately after arising, (3) defined to have zero tax liability, (4) distinct from any calendar-based taxable year for the child’s income tax liability, and (5) not associated with any taxable period of the pilot pro- gram-electing individual. The proposed regulations would clar- ify the tax consequences of making a pilot program election. Under the proposed reg- ulations, when a pilot program election is processed by the Secretary, the Secretary would treat the eligible child as if the eli- gible child had made a $1,000 payment for the special taxable year. Because a special taxable year has zero tax liability, treating the child as if they had made a $1,000 payment against Federal income tax would result in an overpayment for the special taxable year. The IRS would not offset that overpayment by any other debts owed by the eligible child or the pilot pro- gram-electing individual. The Secretary would remit the full $1,000 overpayment for the special taxable year as a $1,000 pilot program contribution to the Trump account of the eligible child. The proposed regulations would also explain the time and manner of making a pilot program election. A pilot pro- gram election would be made by a pilot program-electing individual with respect to an eligible child who the pilot pro- gram-electing individual anticipates will be the individual’s qualifying child under section 152(c) for the taxable year of the individual during which the election is made. The first day a pilot program election can be made is the day the child becomes an eligible child, and the final day a pilot program election can be made is the final day of the calendar year in which the child attains age 17. The pilot program election would be made on a form, electronic application, or webpage provided by the IRS. The pilot program election would not be made on the pilot program-electing individual’s tax return. Baseline The Treasury Department and the IRS have assessed the benefits and costs of the proposed regulations relative to a no-ac- tion baseline reflecting anticipated Fed- eral income tax-related behavior in the absence of these proposed regulations. Affected Entities and Taxpayers The proposed regulations are expected to affect 15 million children in 12 million families. Economic Effects of the Proposed Regulations The proposed regulations would make several choices that allow a pilot program election to be made as early as a few weeks after the birth of an eligible child instead of waiting until the following cal- endar year. For example, for a child born in 2027, these choices provide the oppor- tunity to earn up to one additional year of investment returns, depending on the child’s date of birth. The Treasury Depart- ment and the IRS used historical returns for a broad index of U.S. equities to quan- tify the benefit of an additional six months of investment returns by age 18. 2 Among birth cohorts from June 1926 to May 2007, the median difference in account value at age 18 between $1,000 invested at birth and $1,000 invested six months after birth was $300. Qualifying child standard The proposed regulations would clar- ify how to apply the statutory requirement that the eligible child be a qualifying child of the pilot program-electing individual. The proposed regulations would require a pilot program election to be made by an individual who anticipates that the eligible child will be a qualifying child for the year in which the pilot program election is made. An alternative would be to require a pilot program election to be made by an individ- ual for whom the eligible child was a qual- ifying child for a closed tax year. The for- ward-looking standard would allow the pilot program election to be made earlier than the backward-looking standard. For exam- ple, under the forward-looking standard, an election for a child born in 2027 could be made as soon as the child is issued a social security number. Under a backward-looking standard, an election for a child born in 2027 could not be made until 2028. This choice and several others would allow a pilot program election to be made as early as a few weeks after birth instead of waiting until the following calen- dar year. For a child born in 2027, these choices provide the opportunity to earn up to one additional year of investment returns, depending on the child’s date of birth. The Treasury Department and the IRS used historical returns for a broad index of U.S. equities to quantify the ben- efit of an additional six months of invest- 2 Kenneth R. French Data Library. https://mba.tuck.dartmouth.edu/pages/faculty/ken.french/data_library.html. March 23, 2026 768 Bulletin No. 2026–13 ment returns by age 18. 3 Among birth cohorts from June 1926 to May 2007, the median difference in account value at age 18 between $1,000 invested at birth and $1,000 invested six months after birth was $300. Taxable period of payment against tax The proposed regulations would clar- ify the taxable period in which the child is treated as making a $1,000 payment against tax. The proposed regulations would apply the $1,000 payment to a special taxable year that is created when a pilot program election is processed, deemed to close immediately after arising, and defined to have zero tax liability. An alternative would be to apply the $1,000 payment to an ordinary taxable year of the eligible child. Applying the $1,000 payment to a special taxable year allows the refund to be processed earlier, that is before the end of an ordinary taxable year. This choice and several others would allow a pilot program election to be made as early as a few weeks after birth instead of waiting until the following calendar year. For example, for a child born in 2027, these choices provide the oppor- tunity to earn up to one additional year of investment returns, depending on the child’s date of birth. The Treasury Depart- ment and the IRS used historical returns for a broad index of U.S. equities to quan- tify the benefit of an additional six months of investment returns by age 18. 4 Among birth cohorts from June 1926 to May 2007, the median difference in account value at age 18 between $1,000 invested at birth and $1,000 invested six months after birth was $300. Manner of pilot program election The proposed regulations would clarify how to make a pilot program election. The proposed regulations would require a pilot program election to be made on a form, electronic application, or webpage. Under the proposed regulations, a pilot program election could be made at the same time as when a tax return is filed, but it would be on a form that is independent from the pilot program-electing individual’s tax return. An alternative would be to require a pilot program election to be made on the pilot program-electing individual’s tax return. Requiring the pilot program election to be made on a form that is inde- pendent from the pilot program-electing individual’s tax return would allow the pilot program election to be made earlier than a pilot program election made on a tax return. This choice and several others would allow a pilot program election to be made as early as a few weeks after birth instead of waiting until the following calendar year. For example, for a child born in 2027, these choices provide the oppor- tunity to earn up to one additional year of investment returns, depending on the child’s date of birth. The Treasury Depart- ment and the IRS used historical returns for a broad index of U.S. equities to quan- tify the benefit of an additional six months of investment returns by age 18. 5 Among birth cohorts from June 1926 to May 2007, the median difference in account value at age 18 between $1,000 invested at birth and $1,000 invested six months after birth was $300. Earliest allowable pilot program election The proposed regulations would clar- ify the earliest a pilot program election can be made. The proposed regulations would require a pilot program election to be made no earlier than the day that a child becomes eligible. An alternative would be to require a pilot program election to be made no earlier than January 1 of the year after a child becomes eligible. Allowing a pilot program election to be made as early as the day that a child becomes eligible is possible because of three other choices in the proposed regulations: (1) requiring a forward-looking qualifying child stan- dard, (2) applying the $1,000 payment to a special taxable year, and (3) requir- ing the pilot program election to be on a form independent from a tax return. The proposed regulations made these choices to allow for the earliest possible pilot pro- gram election allowable by statute, which is the day that the child becomes eligible. This choice and several others would allow a pilot program election to be made as early as a few weeks after birth instead of waiting until the following calendar year. For example, for a child born in 2027, these choices provide the oppor- tunity to earn up to one additional year of investment returns, depending on the child’s date of birth. The Treasury Depart- ment and the IRS used historical returns for a broad index of U.S. equities to quan- tify the benefit of an additional six months of investment returns by age 18. 6 Among birth cohorts from June 1926 to May 2007, the median difference in account value at age 18 between $1,000 invested at birth and $1,000 invested six months after birth was $300. Latest allowable pilot program election The proposed regulations would clar- ify the latest that a pilot program election can be made. The proposed regulations would require a pilot program election to be made no later than December 31 of the year the child attains age 17. An alterna- tive would be to require a pilot program election to be made no later than the year in which the child attains age 3. Age 3 is salient because, in general, a refund can be claimed no more than three years after a Federal return is filed. 7 Age 17 is salient because it coincides with the end of the period when a Trump account can be opened and the end of the growth period. Age 17 was chosen rather than age 3 to provide more time to make a pilot pro- gram election. The proposed regulations would clarify that the statute of limita- tions for claiming a refund is not relevant to the pilot program election because (1) a pilot program election is not a claim for a refund of an overpayment and (2) the 3 Kenneth R. French Data Library. https://mba.tuck.dartmouth.edu/pages/faculty/ken.french/data_library.html 4 Kenneth R. French Data Library. https://mba.tuck.dartmouth.edu/pages/faculty/ken.french/data_library.html 5 Kenneth R. French Data Library. https://mba.tuck.dartmouth.edu/pages/faculty/ken.french/data_library.html 6 Kenneth R. French Data Library. https://mba.tuck.dartmouth.edu/pages/faculty/ken.french/data_library.html 7 https://www.irs.gov/filing/time-you-can-claim-a-credit-or-refund Bulletin No. 2026–13 769 March 23, 2026 $1,000 payment is applied to a special taxable year, not to the year of birth or any ordinary taxable year. Investment growth is generally maxi- mized by making the investment as early as possible. However, some pilot pro- gram-electing individuals might not make a pilot program election as early as possi- ble. One benchmark for timely pilot pro- gram elections may be timely filing of tax returns. Around ten percent of taxpayers who are required to file a return fail to file a timely return. 8 For example, for a child born in 2027, the choice to require a pilot program election to be made no later than December 31 of the year in which the child attains age 17 provides the opportunity to make the pilot program election as late as 2044. The Treasury Department and the IRS used historical returns for a broad index of U.S. equities to quantify the bene- fit at age 18 of returns on investments made at various ages. 9 Among birth cohorts from 1926 to 2006, Table 1 shows that while an earlier investment allows for more growth, there are still typically benefits at age 18 from making an investment even at age 17. Value at age 18 of investment in broad index of US equities Investment scenario10th percentile50th percentile90th percentile $1,000 at birth2,9806,18013,800 $1,000 at age 12,8605,69011,990 $1,000 at age 22,6804,92010,040 $1,000 at age 32,4004,7509,030 $1,000 at age 42,1504,2608,040 $1,000 at age 52,0203,9907,110 $1,000 at age 61,7703,6206,350 $1,000 at age 71,6603,2805,380 $1,000 at age 81,6803,1504,670 $1,000 at age 91,4802,7404,110 $1,000 at age 101,3502,4603,560 $1,000 at age 111,3402,3503,040 $1,000 at age 121,1802,0502,720 $1,000 at age 131,0501,8902,390 $1,000 at age 141,0201,6302,060 $1,000 at age 159901,4001,810 $1,000 at age 169701,2401,590 $1,000 at age 179001,1601,330 Notes: Percentiles at age 18 are calculated based on birth cohorts 1926 through 2006. For a particular birth cohort, the value at age 18 of one dollar invested at birth is calculated as the gross 18-year market return for a broad index of US equities. Prior pilot program election criterion The proposed regulations would clarify how to apply the statutory requirement that no prior pilot program election has been made for an eligible child. The proposed regulations would specify that a prior pilot program election is only disqualifying if the prior pilot program election was pro- cessed by the Secretary. An alternative would be to disqualify a child for whom a prior pilot program election was made even if that prior pilot program election was not processed by the Secretary. Speci- fying that a prior pilot program election is only disqualifying if it was processed by the Secretary allows children who are oth- erwise eligible to receive the pilot program contribution even if an error was made on an initial pilot program election. The pro- posed regulations propose this rule to avoid penalizing eligible children for the behav- ior of individuals who improperly attempt to make pilot program elections. To assess the benefits of allowing a child for whom a pilot program election was made but not processed to receive a $1,000 pilot program contribution after a subsequent pilot program election is made properly, the best evidence comes from a program in Oklahoma called SEED OK. SEED OK generated experimental evi- dence by embedding a randomized con- trolled trial into the design of the program. In 2007, Oklahoma randomly selected Oklahoma families to participate in the 8 Langetieg, P., Payne, M. and Plumley, A., 2017. Counting Elusive Nonfilers using IRS Rather than Census Data. Internal Revenue Service Statistics of Income Working Paper. 9 Kenneth R. French Data Library. https://mba.tuck.dartmouth.edu/pages/faculty/ken.french/data_library.html March 23, 2026 770 Bulletin No. 2026–13 SEED OK program and, for newborns of consenting families randomly assigned to the treatment group, automatically opened Oklahoma 529 accounts for qualified higher education expenses and deposited $1,000. Four years after the intervention, parents in the treatment group reported that their children exhibited higher levels of social-emotional development, 10 moth- ers were more likely to be using main- stream financial products, 11 and mothers reported fewer depressive symptoms. 12 Thirteen years after the intervention, par- ents in the treatment group had higher levels of educational expectations and college preparation. 13 Like other programs organized or run by American states and cities that fund asset-building accounts for young children, long-term outcomes on educational attainment, employment, earnings, and wealth are not yet available for SEED OK families because the oldest participants are still young adults. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) generally requires that a Federal agency obtain OMB approval before collecting information from the public, whether that collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a col- lection of information unless it displays a valid control number assigned by OMB. These proposed regulations describe an election required under section 6434 as set forth in proposed §301.6434-1 (pilot program election). Specifically, section 6434(d) grants the Secretary the authority to establish the time and manner of the pilot program election and proposed §301.6434- 1(e) would provide that the pilot program election is made on a form prescribed by the Secretary or through an electronic application or webpage made available by the Secretary, in accordance with applica- ble instructions. A taxpayer would use such form or electronic application to make a pilot program election for the Trump accounts contribution pilot program under section 6434 and to establish eligibility. The information provided on the form or electronic application will be used by the IRS for tax compliance purposes and to determine election eligibility. The burden associated with this election is included in Form 4547, Trump Account Election(s), and its instructions and approved with OMB control number 1545-2336 in accor- dance with PRA procedures under 5 CFR 1320.10. The Secretary may establish an electronic application or webpage to col- lect the same information. If established, the burden associated with this electronic application will be included on the applica- tion and approved by OMB in accordance with the same PRA procedures. III. Regulatory Flexibility Act The Secretary of the Treasury hereby certifies that these proposed regulations would not have a significant economic impact on a substantial number of small entities pursuant to the Regulatory Flex- ibility Act (5 U.S.C. chapter 6). The pro- posed rules would affect any individual who would like to make a pilot program election or receive a $1,000 pilot program contribution. By statute, small entities are not permitted to make a pilot program election or to receive a $1,000 pilot pro- gram contribution. The proposed rules would not impose any requirement or obli- gation upon small entities. Accordingly, a regulatory flexibility analysis under the Regulatory Flexibility Act is not required. IV. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal mandate that may result in expenditures in any one year by a State, local, or Tribal government, in the aggre- gate, or by the private sector, of $100 million in 1995 dollars, updated annually for inflation. These proposed regulations do not include any Federal mandate that may result in expenditures by State, local, or Tribal governments, or by the private sector in excess of that threshold. V. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Execu- tive order. These proposed regulations do not have federalism implications and do not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive order. VI. Small Business Administration Pursuant to section 7805(f) of the Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for the Office of Advocacy of the Small Busi- ness Administration for comment on its impact on small business. Comments and Request for a Public Hearing Before these proposed amendments to the final regulations are adopted as final regulations, consideration will be given to any comments that are timely submitted to the IRS as prescribed in this preamble under the ADDRESSES heading. The Treasury Department and the IRS request comments on all aspects of the proposed 10 Huang, J., Sherraden, M., Kim, Y. and Clancy, M., 2014. Effects of Child Development Accounts on early social-emotional development: An experimental test. JAMA pediatrics, 168(3), pp.265-271. 11 Huang, J., Sherraden, M.S., Sherraden, M. and Johnson, L., 2022. Experimental effects of child development accounts on financial capability of young mothers. Journal of Family and Economic Issues, 43(1), pp.36-50. 12 Huang, J., Sherraden, M. and Purnell, J.Q., 2014. Impacts of Child Development Accounts on maternal depressive symptoms: Evidence from a randomized statewide policy experiment. Social Science & Medicine, 112, pp.30-38. 13 Sun, S., Huang, J. and Sherraden, M., 2025. The Long-Term Impacts of Child Development Accounts on Parental Educational Expectations and College Preparation. Social Service Review, 99(2). Bulletin No. 2026–13 771 March 23, 2026 regulations. Any comments submitted will be available at https://www.regulations. gov or upon request. A public hearing will be scheduled if requested in writing by any person who timely submits elec- tronic or written comments. Requests for a public hearing are also encouraged to be made electronically. If a public hearing is scheduled, notice of the date and time for the public hearing will be published in the Federal Register. Drafting Information The principal author of these proposed regulations is Molly E. Lovern of the Office of Associate Chief Counsel (Proce- dure and Administration). Other person- nel from the Treasury Department and the IRS participated in its development. Lists of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and IRS propose to amend 26 CFR part 301 as follows: PART 301–PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 is amended by adding an entry for §301.6434-1 in numerical order to read, in part, as follows: Authority: 26 U.S.C. 7805. * * * * * Section 301.6434-1 also issued under 26 U.S.C. 6434(d). * * * * * Par. 2. Section 301.6434-1 is added to read as follows: §301.6434-1 Election for Trump accounts contribution pilot program. (a) In general. This section provides rules for the Trump accounts contribu- tion pilot program and pilot program election under section 6434 of the Inter- nal Revenue Code (Code). A pilot pro- gram-electing individual must make a pilot program election with respect to an eligible child of such individual in order for the Secretary to make a $1,000 contribution into the Trump account for which such eligible child is the account beneficiary ($1,000 pilot program con- tribution). (b) Definitions. The following defi- nitions apply solely for purposes of this section. (1) Eligible child. The term eligible child means an individual: (i) Who the pilot program-electing individual anticipates will be that individ- ual’s qualifying child under section 152(c) of the Code for the taxable year of the pilot program-electing individual in which the pilot program election is made; (ii) Who is born after December 31, 2024, and before January 1, 2029; (iii) Who is a United States citizen; (iv) To whom a social security number has been issued; and (v) With respect to whom no prior pilot program election has been made by any individual and processed by the Secretary. (2) Pilot program election. The term pilot program election means an election under section 6434. (3) Pilot program-electing individual. The term pilot program-electing indi- vidual means an individual authorized to make a pilot program election with respect to an eligible child. An individual is authorized to make a pilot program elec- tion if the eligible child for whom the pilot program election is to be made meets the requirements in paragraph (b)(1)(i) of this section with respect to such individual. (4) Secretary. The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (5) Social security number. The term social security number has the meaning given such term in section 24(h)(7)(B) of the Code, determined by substituting “before the date of the election made under section 6434” for “before the due date of such return” in section 24(h)(7)(B) (ii). (6) Special taxable year. The term spe- cial taxable year means a taxable period of an eligible child for a Federal income tax liability under subtitle A of the Code solely for the purposes of section 6434: (i) That is deemed to arise solely upon the Secretary’s processing of a pilot pro- gram election with respect to the eligible child; (ii) That is deemed to close immedi- ately after arising; (iii) For which no Federal income tax liability is owed; and (iv) Which bears no relation to the Fed- eral income tax liability of the pilot pro- gram-electing individual for any taxable period. (7) Trump account. The term Trump account has the meaning given such term in section 530A(b)(1) of the Code. (c) Effect of pilot program election--(1) In general. A pilot program election must be made by a pilot program-electing indi- vidual with respect to the special taxable year of an eligible child of the pilot pro- gram-electing individual. A pilot program election has no effect on any taxable period of the pilot program-electing individual. (2) Deemed payment. Upon the Secre- tary’s processing of a pilot program elec- tion with respect to an eligible child, the eligible child will be treated as making a payment in the amount of $1,000 against the eligible child’s Federal income tax liability under subtitle A of the Code for the eligible child’s special taxable year, resulting in a $1,000 overpayment for the eligible child’s special taxable year. (3) Refund of overpayment as contribu- tion. The $1,000 overpayment described in paragraph (c)(2) of this section will only be refunded by the Secretary as a $1,000 pilot program contribution directly to the Trump account established with respect to the eligible child. Under no cir- cumstances will a refund be made under the provisions of section 6434 except as a $1,000 pilot program contribution to the Trump account established with respect to the eligible child. (4) Excepted from reduction or off- set. The $1,000 overpayment described in paragraph (c)(2) of this section will be refunded by the Secretary as a $1,000 pilot program contribution to the Trump account of the eligible child without being offset against past-due debts under com- mon law or section 6402(c), (d), (e), and (f) of the Code or credited under section 6402(a) against any other assessed Federal tax liabilities of the pilot program-electing individual or eligible child. March 23, 2026 772 Bulletin No. 2026–13 (5) Not a claim for credit or refund. A pilot program election does not constitute a claim for credit or refund. (d) Timing of election--(1) Election period. A pilot program election must be made: (i) No earlier than the day the eligible child meets the definition of an eligible child under paragraph (b)(1) of this sec- tion; and (ii) No later than December 31 of the calendar year in which the eligible child attains age 17. (2) Resolving multiple elections for an eligible child. Only the first pilot program election processed by the Secretary with respect to an eligible child will result in a $1,000 overpayment being refunded as a $1,000 pilot program contribution by the Secretary into the Trump account of such eligible child under paragraph (c)(3) of this section. Once the Secretary pro- cesses the first pilot program election with respect to an eligible child, no further pilot program elections for such eligible child will be processed. (3) 9100 relief not available. Relief is not available under §§301.9100-1, 301.9100-2, and 301.9100-3 to make a late pilot program election under section 6434. (e) Manner of making election--(1) In general. A pilot program election must be made by a pilot program-elect- ing individual on the form prescribed by the Secretary or through an electronic application or webpage made available by the Secretary, in accordance with applicable instructions. No pilot pro- gram election will be processed and no $1,000 pilot program contribution to a Trump account under paragraph (c) (3) of this section will be made unless the pilot program-electing individual makes the pilot program election in such manner. (2) Social security number required. A pilot program election made with respect to an eligible child must include the eli- gible child’s social security number. No pilot program election will be processed and no $1,000 pilot program contribution to a Trump account under paragraph (c)(3) of this section will be made unless such pilot program election includes the eligi- ble child’s social security number. (f) Applicability date. This section applies on or after January 1, 2026. Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register March 6, 2026, 8:45 a.m., and published in the issue of the Federal Register for March 9, 2026, 91 FR 11203) Notice of Proposed Rulemaking Trump Accounts REG-117270-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document contains proposed regulations relating to Trump accounts. The proposed regulations pro- vide guidance on making an election to open a Trump account and reserve addi- tional sections for further guidance on Trump accounts. The proposed regula- tions would affect children eligible to have a Trump account, individuals who would make elections with respect to those chil- dren, and trustees of Trump accounts. DATES: Written or electronic comments and requests for a public hearing must be received by May 8, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically via the Federal eRulemak- ing Portal at https://www.regulations.gov (indicate IRS and REG-117270-25) by following the online instructions for sub- mitting comments. Requests for a public hearing must be submitted as prescribed in the “Comments and Requests for a Public Hearing” section. Once submitted to the Federal eRulemaking Portal, com- ments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish for public availability any comments submit- ted to the IRS’s public docket on www. regulations.gov. Send paper submissions to: CC:PA:01:PR (REG-117270-25), room 5503, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulation, Neil Sandhu at (804) 916- 3775; concerning submissions of com- ments or a public hearing, the Publications and Regulations Section at (202) 317- 6091 (not toll-free numbers) or by email at publichearings@irs.gov (preferred). SUPPLEMENTARY INFORMATION: Authority This document contains proposed amendments to the Income Tax Regula- tions (26 CFR part 1) to implement sec- tion 530A of the Internal Revenue Code (Code). Section 530A(a) authorizes the Secretary 1 to prescribe special rules for when a Trump account is not treated in the same manner as an individual retire- ment account (IRA) under section 408(a). Section 530A(b)(1)(A)(i) provides that an individual’s first Trump account (initial Trump account) is to be “created or orga- nized by the Secretary.” Section 530A(b) (1)(B) provides that a Trump account must be “designated (in such manner as the Secretary shall prescribe)” at the time of its establishment as a Trump account. Section 530A(b)(2)(C) authorizes the Sec- retary to prescribe rules regarding the time and manner for making elections to estab- lish a Trump account. Section 408(a)(2) authorizes the Secretary to approve non- bank trustees for an IRA. Section 7805(a) authorizes the Secretary to “prescribe all needful rules and regulations for the enforcement of [the Code], including all rules and regulations as may be necessary by reason of any alteration of law in rela- tion to internal revenue.” 1 Section 7701(a)(11)(B) provides that the term “Secretary” means the Secretary of the Treasury or his delegate. Section 7701(a)(12)(A)(i) defines delegate to include any agency of the Treasury Department, which includes the IRS. Bulletin No. 2026–13 773 March 23, 2026 Background Section 70204 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly referred to as the One, Big, Beautiful Bill Act, added new sections 530A, 128, and 6434 to the Code. Section 530A provides for the establishment of a Trump account for an eligible individual. A Trump account is a type of traditional IRA established for the exclusive benefit of an eligible individual or such eligible individual’s beneficiaries under section 530A. The Secretary will create or orga- nize the initial Trump account for each eligible individual. An eligible individual is any individual (i) who has not attained age 18 before the close of the calendar year in which an election to open an initial Trump account is made, (ii) for whom a social security number (within the mean- ing of section 24(h)(7)) has been issued before the date on which the election is made, and (iii) for whom the election is made. After an initial Trump account has been established, a subsequent Trump account (rollover Trump account) may be established for the account beneficiary during the period that begins when such initial Trump account is established and that ends on December 31 st of the calen- dar year in which the account beneficiary 2 of the initial Trump account attains age 17 (growth period). The rollover Trump account must be funded by a qualified rollover contribution, which is a trustee- to-trustee transfer of the entire account balance from the account beneficiary’s existing Trump account. 3 A Trump account is subject to certain special rules inapplicable to other tradi- tional IRAs. The special rules that apply only during the growth period include rules regarding contributions, investments, dis- tributions, and reporting. After the growth period, most of the special rules no longer apply and the rules under section 408 gov- erning traditional IRAs generally apply. Proposed regulations regarding the spe- cial rules that apply during and after the growth period are reserved in this docu- ment. The Treasury Department and IRS anticipate proposing regulations regarding these rules at a future date. Additionally, section 70204 of the One, Big, Beautiful Bill Act added sec- tion 6434, which provides for a one-time $1,000 pilot program contribution from the Secretary to the Trump account of an eligible child with respect to whom an election is made under section 6434. Sec- tion 6434(a) provides that an election for the pilot program contribution is made by an individual with respect to an eligible child of that individual. Section 6434(c) provides that an eligible child is a quali- fying child under section 152(c) who (i) is born during the 2025, 2026, 2027, or 2028 calendar years; (ii) has had no prior pilot program election made by any individual; and (iii) is a United States citizen. The Treasury Department and the IRS are pro- posing regulations under section 6434 in a separate notice of proposed rulemaking (REG-117002-25) published elsewhere in this issue of the Federal Register. Because the criteria under section 530A to be an eligible individual for whom an initial Trump account can be opened are less restrictive than the criteria under sec- tion 6434 to be an eligible child for a pilot program contribution, only some eligible individuals will also be an eligible child. Similarly, the criteria under section 530A for who can make the election to open an initial Trump account are less restrictive than the criteria under section 6434 for who can make the election for a pilot pro- gram contribution. Section 128 employer contributions paid to a Trump account of an employee or a dependent of an employee are not includible in the employee’s income. Such contributions are limited to $2,500, subject to cost-of-living adjustments after 2027. Section 128 employer contributions must be made pursuant to a section 128(c) Trump account contribution program. (The Treasury Department and the IRS intend to issue guidance under section 128 at a future date.) Notice 2025-68, 2025-52 IRB 856, informed taxpayers that the Treasury Department and the IRS intend to pro- pose regulations providing guidance with respect to section 70204, including with respect to making an election to open an initial Trump account. The notice addresses certain initial questions related to Trump accounts and requests com- ments, with the comment period ending February 20, 2026. The notice indicates that proposed regulations regarding the election to open an initial Trump account (that is, these proposed regulations) may be issued prior to the end of the comment period and to the extent comments in response to the notice regarding that sub- ject are not received in time to consider in drafting the proposed regulations, they will be considered in drafting the final reg- ulations. Explanation of Provisions Proposed §1.530A-1 would provide general requirements for Trump accounts, certain definitions relating to Trump accounts, rules regarding the election to open an initial Trump account, and rules regarding the responsible party for the ini- tial Trump account. I. Trump Accounts - General Requirements As provided under section 530A(b)(1), proposed §1.530A-1(b)(1) would provide that a Trump account is a type of tradi- tional IRA that is established for the exclu- sive benefit of an eligible individual and, after the death of the individual, his or her beneficiaries. As provided under section 530A(h)(1), proposed §1.530A-1(b)(1) would clarify that a Trump account cannot be a SIMPLE IRA under section 408(p) and cannot accept contributions from an employer’s SEP arrangement under sec- tion 408(k). Proposed §1.530A-1(b)(2) would pro- vide requirements for a Trump account. First, as provided under section 530A(b) (1)(A)(i) and (ii), a Trump account is either (i) an initial Trump account, which is a Trump account created or organized by the Secretary for an eligible individual, 2 After an initial Trump account has been opened for an eligible individual, the individual is referred to as the account beneficiary. 3 A Trump account qualified rollover contribution under section 530A(e) may be made only during an account beneficiary’s growth period and is different from and unrelated to a qualified rollover contribution for a Roth IRA under section 408A(e). March 23, 2026 774 Bulletin No. 2026–13 or (ii) a rollover Trump account, which is a subsequent Trump account created during the growth period and funded by a quali- fied rollover contribution from the account beneficiary’s existing Trump account. 4 Because a rollover Trump account must be funded by a qualified rollover contribution (which is a transfer of the entire account balance from the individual’s prior Trump account), an individual is permitted to have only one Trump account containing funds (funded Trump account) at a time. Second, because a Trump account is a traditional IRA, the written governing instrument establishing a Trump account must generally meet the requirements of section 408(a)(1) through (6), as well as the requirements of section 530A(b)(1) (C)(i) through (iii). The written govern- ing instrument generally should reflect both the rules that apply during the growth period and the rules that apply after the growth period. The requirements of section 530A(b)(1)(C)(i) through (iii) would be clarified in §§1.530A-2 through 1.530A-4, which are reserved in this doc- ument and are expected to be proposed in the future. Third, under the authority in sec- tions 408(a)(2) and 530A(a), proposed §1.530A-1(b)(2)(iii) would provide for the automatic approval to act as a trustee of a Trump account of any person approved by the IRS as of December 31, 2025, to be a nonbank trustee of an IRA. Persons who are approved by the IRS after December 31, 2025, must request approval in the application to act as a trustee of a Trump account. The Treasury Department and the IRS are also considering changes to the requirements to be a nonbank trustee and request comments. In particular, comments are requested on whether the adequacy of net worth requirement in §1.408-2(e)(5)(ii) should be changed to treat certain debt as equity (for example, for broker-dealers, debt meeting the con- ditions specified in the rule may be treated as capital pursuant to the Securities and Exchange Commission rule in 17 CFR 240.15c3-1), whether the special rule for a governmental unit seeking to be a non- bank trustee in §1.408-2(e)(8) should be expanded to include other types of IRAs (including Trump accounts) beyond a deemed IRA that is part of the govern- mental unit’s own qualified employer plan, and whether the fiduciary experience requirement in §1.408-2(e)(2)(iii) should take into account the fiduciary experience of subcontractors of the applicant. Fourth, as provided under sec- tion 530A(b)(1)(B), the written governing instrument establishing a Trump account must clearly designate the account as a Trump account at the time of establish- ment. Proposed §1.530A-1(b)(2)(iv) would also require that the account must be titled as a Trump account. Proposed §1.530A-1(b)(3) would outline the general areas where Trump accounts differ from other traditional IRAs. There are special rules for Trump accounts during the growth period related to: contributions (as provided under section 530A(c)); investments (as provided under section 530A(b)(3)); distributions (as pro- vided under section 530A(d)); reporting (as provided under section 530A(i)); and coordination with IRA rules (as provided under section 530A(h)). These require- ments would be clarified in §§1.530A-2 through 1.530A-6, which are reserved in this document and are expected to be pro- posed in the future. Proposed §1.530A- 1(b)(3) would also provide that, after the growth period, the rules under section 408 that apply to other traditional IRAs gener- ally apply to Trump accounts (as provided under section 530A(a) and (h)). Proposed §1.530A-1(b)(4) would define terms that apply for purposes of section 530A and the regulations thereun- der. In accordance with section 530A(b)(4), proposed §1.530A-1(b)(4)(i) would define account beneficiary as the individual for whom a Trump account was established. Proposed §1.530A-1(b)(4)(ii) would define authorized individual as the indi- vidual described in proposed §1.530A- 1(c)(1)(i). In accordance with section 530A(b) (2), proposed §1.530A-1(b)(4)(iii) would define eligible individual as any individual who has not attained age 18 before the end of the calendar year in which an election to open an initial Trump account is made under §1.530A-1(c), has been issued a social security number within the meaning of section 24(h)(7) before the election is made, and for whom the election is made pursuant to proposed §1.530A-1(c). Proposed §1.530A-1(b)(4)(iv) would define an account beneficiary’s growth period as the period that begins when the initial Trump account is established and ends on December 31 of the calendar year in which the account beneficiary attains age 17. This term is created for ease of reference and stands for the concept gen- erally used in section 530A of “the period before the first day of the calendar year in which the account beneficiary attains age 18.” Proposed §1.530A-1(b)(4)(v) would define IRA for purposes of section 530A as an individual retirement account under section 408(a) and includes a custodial account that is treated as a trust pursuant to section 408(h). Although in other places in the Code and regulations, the term IRA includes both individual retirement accounts under section 408(a) and indi- vidual retirement annuities under section 408(b), this definition excludes individual retirement annuities under section 408(b), in accordance with section 530A(b)(1). Proposed §1.530A-1(b)(4)(vi) would define pilot program contribution as a $1,000 contribution made by the Secre- tary upon the processing of an election for the Trump accounts contribution pilot program under section 6434. Only indi- viduals who meet the definition of an eli- gible child under section 6434 (which is different from the section 530A(b)(2) defi- nition of eligible individual) are eligible to receive a pilot program contribution. In accordance with section 530A(e), proposed §1.530A-1(b)(4)(vii) would define qualified rollover contribution as a direct trustee-to-trustee transfer of the account beneficiary’s entire Trump account balance to a rollover Trump account for the same account beneficiary. Proposed §1.530A-1(b)(4)(viii) would define traditional IRA as an individual retirement account under section 408(a) that is not a Roth IRA under section 408A. Proposed §1.530A-1(b)(5) would pro- vide that, for purposes of section 530A, 4 The Treasury Department and IRS intend to release sample language for rollover Trump accounts in future guidance. Bulletin No. 2026–13 775 March 23, 2026 an individual will attain an age on the individual’s birthday (the birthday rule). See Rev. Rul. 2003-72, 2003-33 IRB 346, for other instances in which the birthday rule is applied for specific sections of the Code. II. Election to Open an Initial Trump Account A. Who can make the election Proposed §1.530A-1(c)(1) would pro- vide that an election to open an initial Trump account for an eligible individual could be made either by an authorized individual or by the Secretary, in accor- dance with the two methods for making an election provided under section 530A(b) (2)(C). As provided under section 530A(b)(2) (C)(ii), a person other than the Secretary (which the proposed regulation would limit to a particular person referred to as the “authorized individual”) may make the election if no prior election to open an initial Trump account has been made by the Secretary for the eligible individ- ual. Under the proposed regulation, an authorized individual would be defined in two different ways. If an election under section 6434 for a pilot program contribu- tion is being made at the same time as the election to open the initial Trump account, proposed §1.530A-1(c)(1)(i)(A) would provide that the authorized individual is the individual authorized to make (and is making) the election under section 6434 for a pilot program contribution. This approach would ensure that the person permitted to elect to open the initial Trump account is the same person making a pilot program election under section 6434. The proposed regulations would provide that, by making the election, the authorized individual is representing, under penalties of perjury, that he or she is the pilot pro- gram-electing individual. If a pilot program election is not being made at the same time as the election to open an initial Trump account (for exam- ple, because the eligible individual was born before January 1, 2025, and there- fore is not eligible for a pilot program contribution), proposed §1.530A-1(c)(1) (i)(B) would provide an ordering rule to determine who is the authorized individ- ual for purposes of making the election to open an initial Trump account. Because only one election to open an initial Trump account can be made for an eligible indi- vidual, the Treasury Department and the IRS believe that an ordering rule is nec- essary to provide a clearer process for determining who may make that election. Under the proposed ordering rule, the authorized individual would be, in order of priority, a legal guardian, parent, adult sibling, or grandparent of the eligible individual. If multiple individuals share the same highest level of priority and no prior election has been made for the eli- gible individual, any individual with that level of priority may make the election to open an initial Trump account. Because no pilot program election is being made, there is no need to conform to the require- ments of section 6434. This ordering rule is based on §1.529A-2(c), which governs who (other than the designated beneficiary of an account established under a section 529A 5 qualified ABLE program (an ABLE account)) may establish the designated beneficiary’s only ABLE account. The proposed regulations would provide that, by making the election, the authorized individual is representing, under penalty of perjury, that he or she is authorized under these rules to open the initial Trump account for the eligible individual and that there is no other person with a higher pri- ority available to make the election. Comments are requested on (1) whether definitions are needed for the terms “legal guardian,” “parent,” “sibling,” and “grandparent,” (2) whether any other individual who bears a relationship to the eligible individual under section 152(c)(2) should also be an authorized individual, and (3) who may be the authorized indi- vidual in situations involving foster chil- dren, orphans, emancipated minors, wards of the State, and other situations involving minors that may need clarification in the regulations (particularly, whether a State that is the guardian of the child would be an authorized person eligible to open the account). Alternatively, as would be provided in proposed §1.530A-1(c)(1)(ii), if an elec- tion was made by an individual who was not an authorized individual with respect to an eligible individual at the time that the election was made, the Secretary is deemed to have made the election to open the initial Trump account. In such instance, even though the Trump account was opened based on an election by an individual who was not an authorized individual, the account will not cease to be a Trump account. See Section II.C for certain situations in which a responsible party may be removed and replaced. The Treasury Department and the IRS have received comments that the Secre- tary should make an election on behalf of each individual who has met the require- ments to be an eligible individual based on information from tax returns or other- wise (for example, from Social Security Administration data). Commenters argue that making an election to open an initial Trump account on behalf of these chil- dren is within the authority granted to the Secretary under section 530A(b)(2)(C)(i). Commenters point to the success of auto- matic enrollment (opt-out design) in anal- ogous state-based early wealth building programs and also in qualified retirement plans. These opt-out designs (which do not require any participant action before enrollment) have increased participation relative to opt-in designs (which require action before enrollment). Notably, opt-out designs that exist in analogous state-based early wealth build- ing programs and qualified retirement plans involve pooled accounts as opposed to individual retirement accounts. Pooled accounts are well-suited to automatic enrollment because a plan or program can add a new individual as a participant or beneficiary of an existing pooled vehi- cle without establishing a new, separately maintained account in that individual’s name. By contrast, automatically opening a Trump account would require establish- ing a new individual account and com- pleting the associated administrative steps needed to open and maintain that account in compliance with the Code and other applicable law (including federal and state 5 Section 529A was enacted by Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014, which was enacted as part of the Tax Increase Prevention Act of 2014, Public Law 113-295 (128 Stat. 4010). March 23, 2026 776 Bulletin No. 2026–13 banking, securities, and anti-money laun- dering laws). Although opt-out designs would result in higher participation, the Treasury Department and the IRS have determined that it is necessary to limit the situations in which the Secretary will make the election. Most significantly, the Secretary would be unable to fulfill certain requirements to open and operate a Trump account with- out disclosure of taxpayer information. Section 6103 prohibits the disclosure or inspection of information from taxpayers’ tax returns or that is otherwise received, recorded, prepared, furnished to, or col- lected by the IRS with respect to the tax- payer except as expressly authorized in the Code. Without an exception from the prohibition on disclosure, the Treasury Department would be unable to perform necessary actions to open an account, make eligible investments (which could be reportable financial transactions), or assign a responsible party other than the Secretary; thus, an account opened in this way would therefore be unable to comply with the Code and applicable law. Without an exception to section 6103, the Secretary may be prohibited from disclosing the existence of the Trump account to any individuals who might apply to become a responsible party. This would be a barrier to the account receiving any contributions from family members, who would not have any account infor- mation, or to receiving the pilot program contribution (because an election must be made by a pilot program-electing indi- vidual under section 6434). It would also prevent families from opening rollover Trump accounts because there would be no ability to authorize a qualified rollover contribution, which is needed to fund the rollover Trump account. Keeping the Sec- retary as the responsible party would be particularly problematic for account ben- eficiaries otherwise eligible for a rollover to an ABLE account because the Secretary generally will have no way of knowing whether such a rollover would be appro- priate for a particular beneficiary. The Treasury Department and the IRS have sought to make the election process as simple and frictionless as possible by permitting individuals to file a one-page Form 4547 at the time of filing their tax return or at a different time, or through an electronic application or webpage made available by the Secretary. Comments are requested on additional ways in which the Treasury Department and the IRS can further simplify making the election to open an initial Trump account while complying with the requirements under the Code and applicable law (including federal and state banking, securities, and anti-money laundering laws). Com- ments are also requested on whether the Treasury Department and the IRS should authorize a State or other government entity to make an election on behalf of an eligible individual after a certain period of time if an initial Trump account has not yet been created by an authorized individual, again while complying with the requirements under the Code and other applicable laws. B. How to make the election Proposed §1.530A-1(c)(2) would pro- vide that an election by an authorized indi- vidual to open an initial Trump account must be made on or before December 31 of the calendar year in which the eligible individual attains age 17, as required by section 530A(b)(2)(A). Proposed §1.530A-1(c)(3) would pro- vide that the election by an authorized individual must be made on the form prescribed by the Secretary (Form 4547, Trump Account Election(s)) or through an electronic application or webpage made available by the Secretary, in accordance with applicable instructions. The elec- tion may be made at any time during the period specified in proposed §1.530A-1(c) (2), including at the same time that the authorized individual files such individu- al’s Federal income tax return. The initial Trump account election, however, is not a part of any individual’s tax return and is independent of the filing of the income tax return. Proposed §1.530A-1(c)(4) would pro- vide that only the first election to open an initial Trump account processed by the IRS with respect to an eligible individ- ual will result in an initial Trump account being opened for that eligible individual. Once the first election is processed, no further election to open an initial Trump account will be allowed. This proposed rule is intended to prevent multiple initial Trump accounts from being opened for the same eligible individual and conforms with the section 530A(b)(2)(C) require- ments that no prior election for that eligi- ble individual has been made. C. Responsible party Section 530A(b)(1)(A)(i) requires that the Secretary create or organize the ini- tial Trump account. Because the account beneficiary of a Trump account does not initially have legal capacity under appli- cable law, a responsible party is needed to take actions on behalf of the account ben- eficiary in managing the Trump account; therefore, the Secretary must designate a responsible party to act on behalf of the account beneficiary. Proposed §1.530A- 1(d) would provides that, in general (that is, unless State law or, if the trustee chooses, the account agreement, provides otherwise), the responsible party of the initial Trump account will be the indi- vidual who makes the election to open the account. The responsible party could have the authority to select among eligi- ble investments (if there is more than one eligible investment offered), to direct a transfer to a different trustee pursuant to a qualified rollover contribution or to an ABLE account pursuant to a qualified ABLE rollover contribution, or to select a successor responsible party. However, applicable law, including State law, or the account agreement could limit or condition the actions that the responsible party will be able to take on behalf of the account beneficiary. The Treasury Department and the IRS recognize that there may be situations in which it may be appropriate for the person who is currently the responsible party of a Trump account to be replaced, including when the individual who made the elec- tion to open the initial Trump account was not, in fact, an authorized individual. In these situations, applicable law (includ- ing State law) or the account agreement will govern when and how a responsible party may be removed and replaced. For example, a legal guardian might be able to obtain a court appointment under applica- ble State law to be a responsible party of a Trump account. Further, to the extent not inconsistent with State law, the account agreement might provide procedures Bulletin No. 2026–13 777 March 23, 2026 under which a responsible party may be removed and replaced without a court appointment. For example, to the extent not inconsistent with applicable law, these procedures could include who can request the removal of a responsible party (such as the account beneficiary’s legal guardian) and who can be the new responsible party (such as a corporate trustee, the account beneficiary’s legal guardian, or another person who is an authorized individual, consistent with the ordering rule in pro- posed §1.530A-1(c)(1)). III. Reserved Regulations Regarding Trump Accounts This notice of proposed rulemaking reserves §§1.530A-2 through 1.530A-6 for future guidance addressing contribu- tions, investments, distributions, report- ing, and other special rules and coordina- tion with IRA rules. Proposed Applicability Date The regulations are proposed to apply to taxable years beginning on or after Jan- uary 1, 2026. In accordance with section 7805(b)(2), the Treasury Department and the IRS intend to publish final regulations within 18 months of the date of enactment of section 530A. Special Analyses I. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess costs and ben- efits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The proposed regulations have been designated by the Office of Management and Budget’s (OMB’s) Office of Infor- mation and Regulatory Affairs (OIRA) as subject to review under Executive Order 12866 pursuant to the Memoran- dum of Agreement (MOA, July 4, 2025) between the Treasury Department and the OMB regarding review of tax regulations. OIRA has determined that the proposed rulemaking is economically significant under section 3(f)(1) of Executive Order 12866 and subject to review under Exec- utive Order 12866 and section 1(b) of the MOA. Accordingly, the proposed regula- tions have been reviewed by OMB. This proposed rule is not expected to be consid- ered a regulatory action under Executive Order 14192 because it imposes no more than de minimis costs. Need for Regulation The proposed regulations would explain how to make an election to open a Trump account under section 530A of the Internal Revenue Code (Code). The proposed regulations would define terms for the purpose of implementing section 530A, clarify who may elect to open an initial Trump account, explain how to elect to open an initial Trump account, and designate a default responsible party to manage an initial Trump account on behalf of the account beneficiary. The Statute and the Proposed Regulations Public Law 119-21, commonly referred to as the One, Big, Beautiful Bill Act, added new sections 530A, 128, and 6434 to the Code. Section 530A describes Trump accounts, section 128 describes certain employer contributions to Trump accounts, and section 6434 describes the Trump accounts contribution pilot pro- gram. The proposed regulations provide guidance on making an election to open an initial Trump account under section 530A. Section 530A defines a Trump account as a traditional individual retire- ment account (IRA) with some special rules. Most special rules that distinguish Trump accounts from other IRAs apply only during the growth period. The first day of the growth period is the day the account is established, and the final day of the growth period is December 31 of the calendar year in which the account beneficiary attains age 17. The rules for traditional IRAs generally apply after the growth period. A Trump account may be established for the benefit of a child prior to the calendar year in which the child attains age 18 if the child has been issued a social security number. In general, distributions from Trump accounts are not permitted during the growth period. The entire balance of a Trump account may be rolled over in a direct trustee-to-trustee transfer to a new Trump account of the account beneficiary. The entire balance of a Trump account may be rolled over in a direct trustee-to- trustee transfer to an ABLE account of the account beneficiary in the calendar year the account beneficiary attains age 17. Investments in a Trump account must track the returns of a broad index of equi- ties in primarily U.S. companies for which regulated futures contracts are traded, avoid the use of leverage, and avoid annual fees and expenses above 0.1%. Trump accounts may receive contri- butions from nonprofits, governments, employers, and individuals. In general, contributions to a Trump account are sub- ject to an annual limit of $5,000, adjusted for inflation. Governments and nonprofits may only make contributions through the Treasury Department, and such contributions must be made in equal amounts to the Trump accounts of every account beneficiary in a qualified class. Contributions from gov- ernments and nonprofits through the Trea- sury Department do not count towards the $5,000 annual contribution limit. Section 128 sets rules for certain employer contributions to Trump accounts. Employers may contribute to the Trump account of an employee or an employee’s dependent. Section 128 employer contri- butions to a Trump account are excluded from the employee’s income, up to an annual limit of $2,500, adjusted for infla- tion. Section 128 employer contributions count towards the $5,000 annual contribu- tion limit. Section 6434 describes the Trump accounts contribution pilot program. In the pilot program, the Secretary will pay $1,000 to the Trump accounts of eligi- ble children. A U.S. citizen born in 2025, 2026, 2027, or 2028 who has been issued a social security number and for whom no request for a pilot program contribution has previously been processed is eligible for a pilot program contribution. Pilot pro- gram contributions do not count towards the $5,000 annual contribution limit. March 23, 2026 778 Bulletin No. 2026–13 All other contributions to a Trump account, including contributions from friends or family members, are non-de- ductible contributions (they create invest- ment in the contract (basis)) and count towards the $5,000 annual contribution limit. The proposed regulations would be just one piece of the implementation of section 530A; the proposed regulations would reserve the following sections in the Code of Federal Regulations for future guid- ance: §§1.530A-2, 1.530A-3, 1.530A-4, 1.530A-5, and 1.530A-6. The proposed regulations would define the following terms for the purposes of implementing section 530A: growth period, IRA, pilot program contribution, and traditional IRA. Growth period is a concise term for the period described repeatedly by the statute as “the period before the first day of the calendar year in which the account beneficiary attains age 18.” An IRA is an individual retirement account. A pilot program contribution is a contribution to a Trump account under section 6434. A traditional IRA is an individual retirement account that is not a Roth IRA. The proposed regulations would clarify who may elect to open an initial Trump account. Under the proposed regulations, an individual who is making a pilot pro- gram election for an eligible child under section 6434 must also elect to open an initial Trump account if no prior elec- tion was made to open an initial Trump account. 6 If no individual is making a pilot program election, then one of the follow- ing individuals may elect to open an initial Trump account: a legal guardian, a parent, an adult sibling, or a grandparent, in that order of priority. The proposed regulations would explain how to elect to open an initial Trump account. Under the proposed reg- ulations, the election to open an initial Trump account must be made on a form prescribed by the Secretary (Form 4547, Trump Account Election(s)) or through an electronic application or webpage made available by the Secretary. The proposed regulations would desig- nate a default responsible party to manage an initial Trump account on behalf of the account beneficiary while the account ben- eficiary does not have legal capacity. Under the proposed regulations, in general, the default responsible party for an initial Trump account is the individual who makes the election to open an initial Trump account. Baseline The Treasury Department and the IRS have assessed the benefits and costs of the proposed regulations relative to a no-ac- tion baseline reflecting anticipated Fed- eral income tax-related behavior in the absence of these proposed regulations. Affected Entities and Taxpayers The proposed regulations are expected to affect 73 million children in 44 million families. Economic Effects of the Proposed Regulations Election to open an initial Trump account In general, the regulations would provide clarity to the 44 million fam- ilies with children under age 18 who may be eligible to open an initial Trump account. The regulations would be responsive to the statutory require- ment that the election to open an initial Trump account be made in a time and manner prescribed by the Secretary. These regulations would clarify who may open an initial Trump account for the minor child and in what order of priority, and who may be the responsi- ble party for the initial Trump account while the child is still a minor. The stat- ute does not prescribe a time or manner to make the election to open an initial Trump account; the statute requires the Secretary to prescribe the time and manner of an election. Providing clar- ity about the election to open an initial Trump account would result in initial Trump accounts opening for some chil- dren under age 18 for whom an account would have been opened later or not at all. Those children would benefit from receiving a qualified general contri- bution or a contribution from a family member that they may have missed had the account been opened later or not at all. The Treasury Department and the IRS used historical returns for a broad index of U.S. equities to quantify the benefit at age 18 of $1,000 invested at various ages. 7 Among birth cohorts from 1926 to 2006, Table 1 shows that while an earlier investment allows for more growth, there are still typically benefits at age 18 from making an investment even at age 17. 6 A pilot program election under section 6434 is a request for a pilot program contribution, which is $1,000 paid to the Trump account of a child born in 2025 through 2028. A pilot program election is distinct from an election to open an initial Trump account under section 530A. 7 Kenneth R. French Data Library. https://mba.tuck.dartmouth.edu/pages/faculty/ken.french/data_library.html Bulletin No. 2026–13 779 March 23, 2026 Table 1 Value at age 18 of investment in broad index of US equities Investment scenario10th percentile50th percentile90th percentile $1,000 at birth2,9806,18013,800 $1,000 at age 12,8605,69011,990 $1,000 at age 22,6804,92010,040 $1,000 at age 32,4004,7509,030 $1,000 at age 42,1504,2608,040 $1,000 at age 52,0203,9907,110 $1,000 at age 61,7703,6206,350 $1,000 at age 71,6603,2805,380 $1,000 at age 81,6803,1504,670 $1,000 at age 91,4802,7404,110 $1,000 at age 101,3502,4603,560 $1,000 at age 111,3402,3503,040 $1,000 at age 121,1802,0502,720 $1,000 at age 131,0501,8902,390 $1,000 at age 141,0201,6302,060 $1,000 at age 159901,4001,810 $1,000 at age 169701,2401,590 $1,000 at age 179001,1601,330 Notes: Percentiles at age 18 are calculated based on birth cohorts 1926 through 2006. For a particular birth cohort, the value at age 18 of one dollar invested at birth is calculated as the gross 18-year market return for a broad index of US equities. Who may open a Trump account The proposed regulations would clarify who may elect to open an initial Trump account. The proposed regulations would allow the following individuals to open an initial Trump account: an individual mak- ing a pilot program election for an eligible child under section 6434, a legal guardian, a parent, an adult sibling, or a grandpar- ent. An alternative would be to allow only an individual for whom the eligible indi- vidual is a dependent under the Code to make the election. This choice and several others would provide clarity about the election to open an initial Trump account, which may allow the account beneficiary to receive a contribution that they otherwise would have missed. See Table 1 for the value at age 18 of a $1,000 investment at a range of ages in a range of historical market con- ditions. Although section 530A contemplates an election to open an initial Trump account made by the Secretary, the Treasury Depart- ment and IRS have determined that the Treasury Department would generally be unable to perform necessary actions to open an account (1) without a statutory exception to the disclosure prohibition in section 6103 and (2) due to additional legal constraints (including federal and state banking, secu- rities, and anti-money laundering laws). For these reasons, the Secretary making the election to open an initial Trump account was not an alternative within the discre- tion of the Treasury Department and IRS. If there were a legal path for the Treasury Department to open initial Trump accounts, then there would still be substantial admin- istrative challenges to consider. Ordering rule The proposed regulations would set an ordering rule among individuals autho- rized to elect to open an initial Trump account. The proposed regulations would prioritize an individual making a pilot program election. If no one is making a pilot program election, then the proposed regulations would use the same order- ing rule as is used in section 529A: legal guardian, parent, adult sibling, grandpar- ent. An alternative would be to decline to specify an ordering rule. By priori- tizing an individual making a pilot pro- gram election, the proposed regulations would streamline the process of opening an initial Trump account and making a pilot program election. By specifying the ordering rule used in section 529A in other cases, the proposed regulations would use an established system for guiding taxpay- ers and ordering elections. This choice and several others would provide clarity about the election to open an initial Trump account, which may allow the account beneficiary to receive a contribution that they otherwise would have missed. See Table 1 for the value at age 18 of a $1,000 investment at a range of ages in a range of historical market con- ditions. March 23, 2026 780 Bulletin No. 2026–13 Responsible party The proposed regulations would desig- nate a default responsible party to manage an initial Trump account on behalf of the account beneficiary. Under the proposed regulations, the default responsible party for an initial Trump account would be the individual who makes the election to open an initial Trump account. One alternative would be for the legal guardian to be the responsible party. Another alternative would be for the individual making the initial Trump account election to specify a respon- sible party. Designating the individual who makes the initial Trump account election as the default responsible party simplifies the process and avoids confusion from involv- ing multiple individuals in the process of opening and managing the account. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) generally requires that a Federal agency obtain the approval of the Office of Management and Bud- get (OMB) before collecting information from the public, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. The information collec- tion in proposed §1.530A-1(c) is used to open an initial Trump account for eligible individuals. The burden associated with the collection of information in these pro- posed regulations are included in Form 4547 and its instructions and approved under OMB control number 1545-2336 in accordance with PRA procedures under 5 C.F.R. 1320.10. III. Regulatory Flexibility Act The Secretary hereby certifies that these proposed regulations would not have a significant economic impact on a substantial number of small entities pur- suant to the Regulatory Flexibility Act (5 U.S.C. chapter 6). The proposed rules would not impose any requirement or obli- gation upon small entities. The proposed rules affect individuals and the trustee of the initial Trump accounts, which is not a small entity. Because the regulation does not impose any requirement or obligation on small entities, a Regulatory Flexibility Act analysis is not required. IV. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal mandate that may result in expenditures in any one year by a State, local, or Tribal government, in the aggre- gate, or by the private sector, of $100 million in 1995 dollars, updated annually for inflation. These proposed regulations do not include any Federal mandate that may result in expenditures by State, local, or Tribal governments, or by the private sector in excess of that threshold. V. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Execu- tive order. These proposed regulations do not have federalism implications and do not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive order. VI. Small Business Administration Pursuant to section 7805(f) of the Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for the Office of Advocacy of the Small Busi- ness Administration for comment on its impact on small business. Comments and Request for a Public Hearing Before these proposed regulations are adopted as final regulations, consider- ation will be given to comments regarding the notice of proposed rulemaking that are submitted timely to the IRS as prescribed in this preamble under the ADDRESSES section. The Treasury Department and the IRS request comments on all aspects of the proposed regulations. Any com- ments submitted will be made available at https://www.regulations.gov or upon request. A public hearing will be sched- uled if requested in writing by any person who timely submits electronic or written comments. Requests for a public hearing are also encouraged to be made electron- ically. If a public hearing is scheduled, notice of the date and time for the public hearing will be published in the Federal Register. Statement of Availability of IRS Documents IRS revenue procedures, revenue rul- ings, notices, and other guidance cited in this document are published in the Internal Revenue Bulletin (or Cumula- tive Bulletin) and are available from the Superintendent of Documents, U.S. Gov- ernment Publishing Office, Washington, DC 20402, or by visiting the IRS website at http://www.irs.gov. Drafting Information The principal author of these pro- posed regulations is the Office of Asso- ciate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes) at (202) 317-4148. Personnel from the Treasury Department and the IRS also participated in its development. Lists of Subjects in 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and IRS propose to amend 26 CFR part 1 as follows: PART 1--INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding an entry Bulletin No. 2026–13 781 March 23, 2026 in numerical order for §1.530A-1 to read in part as follows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.530A-1 also issued under 26 U.S.C. 408(a)(2), 530A(a), (b)(1)(A)(i), (b)(1)(B), and (b)(2)(C). * * * * * Par. 2. Sections 1.530A-1 through 1.530A-6 are added to read as follows: §1.530A-1 Trump accounts - General requirements and election to open an account. (a) In general. This section provides general requirements regarding Trump accounts and rules for making an election to open an initial Trump account. (b) Trump accounts--(1) In general. A Trump account is a type of traditional IRA described in section 530A(b)(1) for the exclusive benefit of an eligible individ- ual and, after the death of the individual, his or her beneficiaries. A Trump account is subject to special rules that are differ- ent from the rules for other traditional IRAs, most of which apply only during the growth period. Additionally, a Trump account cannot be a SIMPLE IRA under section 408(p) and cannot accept contri- butions from an employer’s simplified employee pension (SEP) arrangement under section 408(k). See paragraph (b) (4) of this section for definitions applica- ble for this section. (2) Requirements for a Trump account. A Trump account must meet the require- ments stated in this paragraph (b)(2). (i) Types of Trump accounts. A Trump account must be either an initial Trump account or a rollover Trump account. (A) Initial Trump account. An individ- ual’s initial Trump account is the individ- ual’s first Trump account, which must be created or organized by the Secretary pur- suant to an election that is made in accor- dance with the rules set forth in paragraph (c) of this section. (B) Rollover Trump account. After an initial Trump account is established, a rollover Trump account may be estab- lished for the account beneficiary during his or her growth period. A rollover Trump account must first be funded by a qualified rollover contribution from the account beneficiary’s existing Trump account before receiving any other contri- bution, and an individual may have only one Trump account containing funds at a time. See section 530A(e) for more details regarding qualified rollover contributions. (ii) Written governing instrument--(A) In general. The written governing instru- ment establishing a Trump account must generally meet the requirements of sec- tion 408(a)(1) through (6), which apply to other IRAs, as well as the requirements of section 530A(b)(1)(C)(i) through (iii), which apply only to Trump accounts. The written governing instrument generally should reflect both the rules that apply during the growth period and the rules that apply after the growth period. (B) During the growth period. During the growth period, a written governing instrument establishing a Trump account must generally restrict the timing and annual amount of contributions to the Trump account in accordance with sec- tion 530A(b)(1)(C)(i), prohibit distribu- tions from the Trump account in accor- dance with section 530A(b)(1)(C)(ii), and require that the funds in the Trump account be invested only in an eligible investment in accordance with section 530A(b)(1)(C)(iii). Additionally, during the growth period, the written governing instrument establishing a Trump account must meet the requirements of section 408(a)(1) through (6), to the extent not inconsistent with section 530A. For example, during the growth period, the annual limit on the amount of contribu- tions is governed by section 530A(c)(2) rather than section 408(a)(1). In addition, if the account beneficiary dies during the growth period, section 530A(d)(6) applies rather than the required minimum dis- tribution rules of section 408(a)(6). In contrast, the other requirements of sec- tion 408 apply both during and after the growth period, such as the requirement of section 408(a)(1) that contributions (other than rollovers, including qualified rollover contributions) must be made in cash, and the other requirements of section 408(a) (2) through (5). For example, pursuant to section 408(a)(2), the trustee of a Trump account must be a bank (as defined in sec- tion 408(n)) or a nonbank trustee approved by the IRS. (C) After the growth period. A writ- ten governing instrument establishing a Trump account must meet the require- ments of section 408(a)(1) through (6) after the growth period, except as provided in section 530A. For example, after the growth period, the contribution limits of section 408(a)(1) generally apply, except that the section 530A(h)(1) prohibition against a Trump account receiving con- tributions under a SEP arrangement under section 408(k) or a SIMPLE IRA plan under section 408(p) continues to apply to a Trump account after the growth period. (iii) Automatic approval for certain nonbank trustees. For purposes of sec- tion 530A, any person approved by the IRS as of December 31, 2025, to be a nonbank trustee of an IRA is automati- cally approved to be a nonbank trustee of a Trump account. Any person who is automatically approved to be a nonbank trustee of a Trump account and actually becomes a Trump account trustee must notify the IRS, in writing, of this fact. See §1.408-2(e)(6)(iv). (iv) Designation as a Trump account. The written governing instrument estab- lishing a Trump account must clearly designate the IRA as a Trump account at the time of establishment. Accordingly, an existing account (such as an IRA that is not a Trump account) cannot be amended to become a Trump account. In addition, a Trump account must be titled to clearly identify the account as a Trump account for the benefit of the account beneficiary. (3) Differences from other traditional IRAs--(i) During the growth period. During the growth period, there are spe- cial rules for Trump accounts with respect to: (A) Contributions (see section 530A(c)); (B) Investments (see section 530A(b) (3)); (C) Distributions (see section 530A(d)); (D) Reporting (see section 530A(i)); and (E) Coordination with IRA rules (see section 530A(h)). (ii) After the growth period. After the growth period (that is, starting January 1 st of the year in which the account ben- eficiary attains age 18), the rules under section 408 that apply to other traditional IRAs are generally applicable to Trump accounts, except as provided in section 530A(h). March 23, 2026 782 Bulletin No. 2026–13 (4) Definitions. For purposes of section 530A and the regulations thereunder, the following definitions apply-- (i) Account beneficiary. The term account beneficiary means the individual for whose benefit a Trump account was established. (ii) Authorized individual. The term authorized individual means the individ- ual as described in paragraph (c)(1)(i) of this section. (iii) Eligible individual. The term eligi- ble individual means any individual— (A) Who has not attained age 18 before the end of the calendar year in which an election under paragraph (c) of this sec- tion is made; (B) For whom a social security number (within the meaning of section 24(h)(7)) has been issued before the date on which an election under paragraph (c) of this sec- tion is made; and (C) For whom an election is made under paragraph (c) of this section. (iv) Growth period. For any individ- ual with a calendar year taxable year, the term growth period means, with respect to an account beneficiary, the period that begins when the initial Trump account is established and ends on December 31 of the calendar year in which the account beneficiary attains age 17. For exam- ple, a child born on October 1, 2025, would attain age 17 on October 1, 2042, and therefore the last day of the growth period with respect to the child would be December 31, 2042. (v) IRA. The term IRA means an indi- vidual retirement account under sec- tion 408(a) and includes a custodial account that is treated as a trust pursuant to section 408(h). Accordingly, the term IRA does not include an individual retire- ment annuity under section 408(b). (vi) Pilot program contribution. The term pilot program contribution means a $1,000 contribution to a Trump account made by the Secretary upon the process- ing of an election for the Trump accounts contribution pilot program under section 6434. (vii) Qualified rollover contribution. The term qualified rollover contribution means a direct trustee-to-trustee transfer of an account beneficiary’s entire Trump account balance to a rollover Trump account for the same account benefi- ciary. (viii) Traditional IRA. The term tradi- tional IRA means an IRA that is not a Roth IRA under section 408A. (5) Application of the birthday rule. For purposes of section 530A, an individ- ual attains an age on his or her birthday. For example, a child who is born on Jan- uary 1, 2009, attains age 18 on January 1, 2027. (c) Election to open an initial Trump account--(1) Who can make the election. An election to open an initial Trump account for an eligible individual may be made by: (i) An authorized individual, if no prior election to open an initial Trump account has been made for the eligible individual by the Secretary under para- graph (c)(1)(ii) of this section. For this purpose, the authorized individual with respect to an eligible individual is deter- mined as follows-- (A) If an election under section 6434 for a pilot program contribution with respect to the eligible individual is being made at the same time as the election to open the initial Trump account for the eligible individual, then the autho- rized individual is the individual who is authorized to make (and is making) the election under section 6434 for a pilot program contribution (the pilot pro- gram-electing individual). By making the election, the authorized individual is representing, under penalties of perjury, that he or she is the pilot program-elect- ing individual; or (B) If an election under section 6434 for a pilot program contribution is not being made at the same time as the elec- tion to open the initial Trump account, then the authorized individual is a legal guardian, parent, adult sibling, or grand- parent of the eligible individual, in that order of priority. If multiple individuals have the same highest level of priority and no prior election has been made for the eligible individual, then any individual with that level of priority may make the election. For example, if there is no legal guardian, either parent of an eligible indi- vidual may make this election. By making the election, the authorized individual is representing, under penalties of perjury, that he or she is authorized to open the initial Trump account for the eligible indi- vidual and that there is no one else with a higher level of priority who is available to make the election; or (ii) The Secretary, if the Secretary determines (based on information avail- able to the Secretary from tax returns or otherwise) that the individual has met the other requirements to be an eligible individual, no prior election to open an initial Trump account has been made for the individual by an authorized individual under paragraph (c)(1)(i) of this section, and an election was made by an individ- ual who was not an authorized individual at the time that the election was made. In such instance, the Secretary is deemed to have made the election to open the initial Trump account and the Trump account that was opened based on an election by an individual who was not an authorized individual will not cease to be a Trump account. (2) Time to make the election. An elec- tion to open an initial Trump account must be made (if at all) on or before December 31 of the calendar year in which the eligi- ble individual attains age 17. (3) Manner of making the election. The election by an authorized individual to open an initial Trump account must be made on the form prescribed by the Secretary or through an electronic appli- cation or webpage made available by the Secretary, in accordance with applicable instructions. No initial Trump account will be opened based on an election by an authorized individual unless the autho- rized individual makes the election in such manner. (4) Resolving multiple elections for an eligible individual. Only the first election to open an initial Trump account that is processed by the Secretary with respect to an eligible individual will result in the opening of an initial Trump account for the eligible individual. Once the Secre- tary processes the first election to open an initial Trump account, no further elec- tions to open an initial Trump account for such eligible individual will be pro- cessed. (d) Responsible party for the initial Trump account. In general, the individual who makes the election to open an initial Bulletin No. 2026–13 783 March 23, 2026 Trump account will be the responsible party of the initial Trump account when the account is established. Unless other- wise provided under the account agree- ment or applicable law, the responsible party will have the authority, while the account beneficiary does not have legal capacity, to select among eligible invest- ments (if more than one eligible invest- ment is offered), direct a transfer for a qualified rollover contribution, direct a transfer for a qualified ABLE rollover contribution (see section 530A(d)(4)), or select a successor responsible party for the account. (e) Applicability date. This section applies to taxable years beginning on or after January 1, 2026. §§1.530A-2 through 1.530A-6 [Reserved] Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register March 6, 2026, 8:45 a.m., and published in the issue of the Federal Register for March 9, 2026, 91 FR 11194) Bulletin No. 2026–13 i March 23, 2026 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguished describes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously pub- lished ruling that is not considered deter- minative with respect to future transactions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new ruling does more than restate the sub- stance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded. Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings in the series. Suspended is used in rare situations to show that the previous published rul- ings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and formerly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D. —Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. March 23, 2026 ii Bulletin No. 2026–13 Numerical Finding List 1 Bulletin 2026–13 Announcements: 2026-1, 2026-04 I.R.B. 402 2026-2, 2026-05 I.R.B. 447 2026-3, 2026-06 I.R.B. 518 2026-4, 2026-06 I.R.B. 533 2026-5, 2026-07 I.R.B. 540 2026-6, 2026-10 I.R.B. 634 2026-7, 2026-11 I.R.B. 697 Notices: 2026-2, 2026-02 I.R.B. 304 2026-3, 2026-02 I.R.B. 307 2026-5, 2026-02 I.R.B. 309 2026-6, 2026-02 I.R.B. 313 2026-1, 2026-04 I.R.B. 365 2026-8, 2026-04 I.R.B. 368 2026-10, 2026-04 I.R.B. 378 2026-11, 2026-06 I.R.B. 491 2026-12, 2026-06 I.R.B. 496 2026-13, 2026-06 I.R.B. 499 2026-9, 2026-07 I.R.B. 534 2026-7, 2026-11 I.R.B. 637 2026-14, 2026-11 I.R.B. 654 2026-15, 2026-11 I.R.B. 658 2026-16, 2026-11 I.R.B. 685 2026-17, 2026-12 I.R.B. 698 2026-4, 2026-13 I.R.B. \726 Proposed Regulations: REG-101952-24, 2026-03 I.R.B. 345 REG-110519-25, 2026-03 I.R.B. 353 REG-132251-11; REG-134219-08, 2026-03 I.R.B. 358 REG-103430-24, 2026-05 I.R.B. 447 REG-112829-25, 2026-05 I.R.B. 452 REG-113515-25, 2026-05 I.R.B. 455 REG-121244-23, 2026-09 I.R.B. 579 REG-105064-25, 2026-13 I.R.B. 735 REG-108921-25, 2026-13 I.R.B. 756 REG-117002-25, 2026-13 I.R.B. 761 REG-117270-25, 2026-13 I.R.B. 772 Revenue Procedures: 2026-1, 2026-01 I.R.B. 1 2026-2, 2026-01 I.R.B. 119 2026-3, 2026-01 I.R.B. 143 2026-4, 2026-01 I.R.B. 160 2026-5, 2026-01 I.R.B. 258 2026-6, 2026-02 I.R.B. 314 2026-7, 2026-02 I.R.B. 316 2026-8, 2026-04 I.R.B. 380 2026-9, 2026-04 I.R.B. 393 Revenue Procedures:—Continued 2026-10, 2026-04 I.R.B. 394 2026-12, 2026-07 I.R.B. 535 2026-13, 2026-09 I.R.B. 563 2026-11, 2026-12 I.R.B. 707 2026-15, 2026-13 I.R.B. 729 2026-16, 2026-13 I.R.B. 733 Revenue Rulings: 2026-1, 2026-02 I.R.B. 299 2026-2, 2026-03 I.R.B. 342 2026-3, 2026-06 I.R.B. 485 2026-4, 2026-06 I.R.B. 487 2026-5, 2026-08 I.R.B. 542 2026-6, 2026-11 I.R.B. 635 Treasury Decisions: 10042, 2026-03 I.R.B. 320 10041, 2026-04 I.R.B. 360 10039, 2026-05 I.R.B. 403 10040, 2026-05 I.R.B. 416 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2025–27 through 2025–52 is in Internal Revenue Bulletin 2024–52, dated December 22, 2024. Bulletin No. 2026–13 iii March 23, 2026 Finding List of Current Actions on Previously Published Items 1 Bulletin 2026–13 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2025–27 through 2025–52 is in Internal Revenue Bulletin 2024–52, dated December 22, 2024. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available at www.irs.gov/irb/. We Welcome Comments About the Internal Revenue Bulletin If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224.
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